Moraes prohibits Bolsonaro lawyers from talking to each other

Minister Alexandre de Moraes, of the STF (Supreme Federal Court), prohibited this Thursday (8.Feb.2024) that lawyers for Bolsonaro supporters investigated by the PF (Federal Police) from talking to each other. The determination is contained in the decision that authorized the operation against the former president Jair Bolsonaro (PL) and its allies. Here's the complete (PDF – 8 MB).

The justification given by the magistrate was that the determination was intended to prevent contact between the other accused. Therefore, lawyers could also not bring information to their respective clients about the others being investigated.

The measure aims to prevent defendants from interfering in the criminal process by damaging evidence, combining versions among themselves or influencing the testimony of potential witnesses.

“The precautionary measure prohibiting contact with other people being investigated, including through their lawyersis necessary to guarantee the regular collection of evidence during the investigation, without there being interference in the investigative process by those mentioned being investigated, as I have already determined in numerous similar investigations”says Moraes in the decision.

For the lawyer Fernando Gardinali, the determination should be considered illegal. The office partner Kehdi Vieira Advogados said that the excerpt represents a restriction on the practice of law and the right of defense of the person being investigated.

“They [os advogados de acusados] They cannot talk, they cannot exchange any information between them and, therefore, at this point, it seems to me that the decision is illegal. First, it limits the understanding of conversations between lawyers as 'passing a message', and that's not it. This is belittling the role of law and confusing the role of the client with that of the lawyer. Conversations between lawyers are not limited to that. They go through strategies, they go through discussions. It is within the legal activity and is within the exercise of defense”Gardinali told Power360.

The lawyer stated that it is considered normal to keep those involved in the case isolated. Gardinali said, however, that this is the first time he has noticed a determination in this direction.

In the decision, Moraes said he had made a similar determination in “similar investigations”but the lawyer contested: “I saw the decisions mentioned at the end and none of them prohibited contact between lawyers. In some of them, they speak, generically, of 'prohibition of communicating with others involved, by any means' – which usually refers to the form of communication, for example, message, virtual”.

OAB WILL APPEAL

In a note sent to Power360the president of OAB (Brazilian Bar Association) Beto Simonetti said he will appeal to the STF to overturn the ban on communication between lawyers.

“Lawyers cannot be prohibited from interacting with or confused with their clients”declared Simonetti, who added that the order does not take sides in political-party disputes and maintains a technical-legal position and reinforced the entity's confidence in electronic voting machines.

Here is the full note:

“The OAB will appeal to the STF to guarantee the prerogatives of lawyers and overturn the ban on communication between lawyers. Lawyers cannot be prohibited from interacting with or confused with their clients.

“In the same petition, we will reiterate the OAB's confidence in the polls and recall all the concrete actions taken by the Order to reject the unfounded accusations made against the electoral system and to defend the Electoral Justice.

“The OAB does not take sides in party political disputes and maintains a technical-legal position. The current management of the Order has as a priority acting on day-to-day legal issues, such as the prerogatives of the profession”.

UNDERSTAND THE OPERATION

The PF (Federal Police) launched operation Tempus Veritatis (“Time of truth”, in Latin) this 5th (Feb 8), which had 33 search and seizure targets and 4 preventive detention targets. The operation targeted Bolsonaro's allies such as former ministers and former advisors linked to his government.

Among the evidence found by the investigation is a decree written by Bolsonaro. The document called for new elections and ordered the arrests of Moraes, minister Gilmar Mendes and the president of the Senate, Rodrigo Pacheco (PSD-MG).

The former president had to hand over his passport to the PF. In addition to this, the following are also among the targets:

• Valdemar Costa Neto, president of the PL. He was arrested in the act for illegal possession of a weapon by the agents;
• general Augusto Helenoformer minister of the GSI (Institutional Security Office);
• Anderson Torresformer Minister of Justice;
• Walter Braga Netto (PL), former minister of the Civil House and candidate for vice president;
• Paulo Sérgio Nogueiraformer Minister of Defense.