Institution states that Alexandre de Moraes' ban that prevents representatives of Bolsonaro supporters from speaking to each other “violates the prerogatives of the legal profession and harms the right of defense of those being investigated”
O Federal Council of the Brazilian Bar Association sent a petition to the STF (Supreme Federal Court) in which he takes a stand against the decision of Minister Alexandre de Moraes to prevent lawyers for targets of the Tempus Veritatis operation of the Federal Police (Federal Police) dialogue with each other. Here's the complete of the document sent to the Court (PDF – 253 kB).
According to the institution, the “determination that prohibits employers from communicating with each other violates the prerogatives of the legal profession and harms the right of defense of those being investigated”. The ban was imposed by Moraes. The determination is contained in the decision (PDF – 8 MB) that authorized the operation against the former president Jair Bolsonaro (PL) and its allies on Thursday (8.Feb).
The council stated that it received information about the operation with “serenity and conviction” and that the demonstration is intended “to defend Brazilian institutions and democracy”. He also reiterated his commitment to protecting the Democratic Rule of Law.
However, the institution also declared that it permanently fights to curb “abuses committed against lawyers”. Said to be one “unrelenting defender of the prerogatives of all lawyers in the country”, who considered“as important as judicial independence, which the OAB defends so much”.
“The OAB's statement is imperative, in the present case, with regard to the flagrant violation of the structural prerogative of the legal profession, that is, the freedom of professional activity to, acting within constitutional and legal limits, guarantee the defense of citizens investigated in the operation”he stated in a note.
The Federal Council of the OAB also said that the prerogatives of the profession are not privileges, but “instruments for professional practice against the immoderate use of power and in defense of society, the rule of law and human freedoms”.
“As stated in the decision, lawyers are being subjected to precautionary measures imposed on their clients, now being investigated, in an extensive and non-individualized manner, which constitutes a violation of the right to defense, the main postulate of the Magna Carta […] As the decision stands, the same lawyer is prevented from acting on behalf of more than one person being investigated, proving the unreasonableness of the command.”he declared.
The institution asks that Moraes review the decision and ensure access to the case files, in addition to guaranteeing timely representation throughout the investigation.
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