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The decision of Minister Gilmar Mendes, of the Federal Supreme Court, to suspend the sentence of Judge Marcelo Bretas against the law restores the dignity of the category and favors democracy. It is the opinion of the lawyers heard by the spells.
At the beginning of September, the judge ordered the execution of 75 search warrants at the homes of companies, offices and residences of lawyers.
The investigations began with the adjudication of Orlando Diniz, former president of Fecomércio do Rio. The businessman, who has already been arrested twice, has been trying to negotiate an agreement with the MPF since 2018.
To justify the assault on the lawyers, the MPF stated that Fecomércio had paid the professionals on dates that coincided with “acquisitions of cars and luxury properties in the country.” For Mendes, however, the search operations damage the rights of lawyers.
“In the file, I observe the plausibility of the allegations of nullity for violation of the prerogatives of the lawyers. It should be noted that the search and seizure measures were carried out after the complaint was made, which raises doubts about the very indispensable nature of these measures, ”said the minister when suspending Bretas’s criminal action.
Lawyers heard by spells commemorated Mendes ‘decision and affirmed that the Supreme Court was able to verify and reverse Bretas’ successive mistakes.
“This decision recovers the dignity of the legal profession that acts and disputes, fulfilling the role that the Constitution guarantees it,” said the lawyer. Christian zanin, responsible for the defense of former president Lula and one of the targets of the Bretas onslaught.
For him, “the juggling that these agents of the ‘car wash’ did to turn a private and legal relationship into suspicion follows the same recipe as the Lawfare that we have been denouncing for a long time ”.
Izabella Borges me Maíra FernandesThe head of the defense of Luiza Eluf, also the target of a complaint by the MPF, said that the “lava jet” in Rio does not follow the rules and does not even bother to listen to those investigated.
Minister Gilmar Mendes, from the highest of his wisdom, found the succession of errors in the decisions of Judge Marcelo Bretas, absolutely incompetent to decide on the case. Such actions should not even go through the Federal Court and, even less, have they been distributed to Britain. for prevention, “they say.
Daniella Meggiolaro, from the Defense Law Defense Institute and the Criminal Law Commission of the OAB-SP, said that Bretas’ order was spectacular and meaningless.
“Either there are elements for a criminal complaint or there are none, so it is necessary, if necessary, the search and arrest. Both things at the same time only show how spectacular and excessive the action taken against the colleagues and their offices was. . purpose. [de Mendes] it is, therefore, a true stimulus to the law, which can never be criminalized, ”he said.
For the lawyer Luciana Lóssio, “The Federal Supreme Court has always been and will continue to be the greatest guardian of fundamental rights, never to allow such violence against the practice of law and its legal and constitutional prerogatives.”
Marcos Antônio Marques da Silva, a retired judge from the São Paulo Court of Justice, commemorated Mendes’ decision and recalled that “democracy must be achieved every day.”
Lawyer Décio Freire He said Mendes did the lawyers justice. “[A decisão] valued the Order. Important moment to recognize the prerogatives ”, he said.
The criminalist Dora cavalcanti assessed that Gilmar’s decision restricts the effects of a recently ratified award, which has yet to be proven.
In the lawyer’s opinion, the minister’s precautionary measure was successful by suspending the process due to questions of jurisdiction. “Fundamental and commendable is the rapid performance of the OAB.”
43,479 Rcl
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