The Federal Supreme Court (STF) accepted the understanding of the Federal Public Ministry (MPF), which rejected the appeal of former federal deputy Eduardo Cunha, who requested full access to remote messages obtained under the spoofing operation. The court only allowed access to messages that were not confidential and which dealt with him exclusively. The impersonation process investigates breaking into the phones of the authorities who worked in Operation Lava Jato.
Eduardo Cunha had already obtained permission from the STF to access only messages that were not under confidentiality with his name explicitly mentioned. His appeal questions this partial ruling. The court’s decision was issued through the virtual plenary session that concluded last Friday (27).
The former deputy’s defense alleges that the Supreme Court omitted to allow access to letters to former President Lula, but not to her. According to the petition filed by the defense, there was also a violation of the principle of due process, which would guarantee the so-called wide-ranging effect.
After partial acceptance of Minister Ricardo Lewandowski’s decision, the former parliamentarian filed a new complaint, claiming that the decision’s decision “contradicts the principles of broad defense and the opponent’s procedure, since access to the full message of the process allows only revealing the facts surrounding it.”
When deciding to reject a claim Eduardo Cunha, the STF understood that the court did not recognize the legality of “presenting a constitutional claim that does not incorporate the procedural model legal relationship, in cases where the precedent has been introduced in a process of a subjective nature”. The Court’s understanding came on the heels of the MPF’s.
Federal Public Prosecution Service
At the demonstration, the MPF defended upholding the Supreme Court’s decision, stating that Cena is not a party to the lawsuit in which he is claiming the right to extend the access granted to former President Lula.
According to the Deputy Attorney General of the Republic, Lindora Araujo, who signed the opinion, the decision of the responsible minister is in line with the legal system and with the majority’s interpretation of the matter. “In light of the Supreme Court’s previous 14 statement, access to records should be limited to evidence that has already been documented and which conveys information useful to the conduct of the appellant’s defence, and not to admit abuses that might harm not only privacy but also criminal prosecution.”
With information from the Federal Public Prosecution
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