Post by anik4200 on Feb 18, 2024 6:18:15 GMT -5
Court of Santos (SP), replaced the preventive arrests of a criminalist, three civil police officers and five other people with precautionary measures. The group is a defendant in a case that investigates international trafficking and the alleged diversion of part of the drugs seized by investigators. The alleged intention of public agents would be to resell the drug to the drug dealer himself. Freepik Freepik Seizure of suspect's cell phones was considered illegal by the TRF Lemos' decision is due on Thursday (29/3). It arises from Habeas Corpus granted, by two votes to one, by the 5th Panel of the Federal Regional Court of the 3rd Region (TRF-3). The collegiate's ruling was handed down on the 15th and recognized the nullity of the personal search carried out against the criminalist in the records of another criminal action, pending at the 2nd Federal Criminal Court of São Paulo.
Two cell phones were seized from the criminalist and their files revealed evidence of crimes, motivating the filing of two more actions: one by the 5th Federal Court of Santos and one by the 5th Criminal Court of Santos (state justice). When the HC was granted, ConJur informed that he should consider two more criminal actions, due to the theory of the fruits of the poisoned tree. Rapporteur of the HC request, judge Maurício Kato concluded: "It is unacceptable that the mere casual discovery of evidence after the search justifies the mea Special Phone Number Data sure. Disobedience to these rules and legal conditions for personal search, without a judicial warrant, results in the illegality of evidence obtained as a result of the measure, as well as other evidence arising from it in relation to causality." Judge Paulo Fontes followed Kato. Judge André Nekatschalow disagreed on the grounds that, "in this case, there was already suspicion of the patient's involvement in the criminal scheme, so much so that it led, in addition, to the representation of the police authority for the search and seizure in his office".
Defender of the criminalist, lawyer Eugênio Malavasi was the one who filed the Habeas Corpus request. Precautions The nine defendants had their preventive detention replaced by the following precautions: biweekly appearance in court, in person, to inform and justify activities; prohibition of maintaining contact with the other defendants; prohibition of being absent from the limits of the municipality of the place of residence without prior judicial authorization; electronic monitoring; prohibition on being absent from the country, and delivery of a passport. In the specific cases of criminalists and civil police officers, precautionary measures prohibiting the practice of law and public office were also imposed, respectively. To this end, federal judge Roberto Lemos ordered the sending of letters to the Brazilian Bar Association (OAB) and the Public Security Secretariat to inform them about these restrictions. Understand the case In the action of the 5th Federal Court of Santos, the alleged diversion of cocaine was investigated on April 26, 2022, in Cubatão.
Two cell phones were seized from the criminalist and their files revealed evidence of crimes, motivating the filing of two more actions: one by the 5th Federal Court of Santos and one by the 5th Criminal Court of Santos (state justice). When the HC was granted, ConJur informed that he should consider two more criminal actions, due to the theory of the fruits of the poisoned tree. Rapporteur of the HC request, judge Maurício Kato concluded: "It is unacceptable that the mere casual discovery of evidence after the search justifies the mea Special Phone Number Data sure. Disobedience to these rules and legal conditions for personal search, without a judicial warrant, results in the illegality of evidence obtained as a result of the measure, as well as other evidence arising from it in relation to causality." Judge Paulo Fontes followed Kato. Judge André Nekatschalow disagreed on the grounds that, "in this case, there was already suspicion of the patient's involvement in the criminal scheme, so much so that it led, in addition, to the representation of the police authority for the search and seizure in his office".
Defender of the criminalist, lawyer Eugênio Malavasi was the one who filed the Habeas Corpus request. Precautions The nine defendants had their preventive detention replaced by the following precautions: biweekly appearance in court, in person, to inform and justify activities; prohibition of maintaining contact with the other defendants; prohibition of being absent from the limits of the municipality of the place of residence without prior judicial authorization; electronic monitoring; prohibition on being absent from the country, and delivery of a passport. In the specific cases of criminalists and civil police officers, precautionary measures prohibiting the practice of law and public office were also imposed, respectively. To this end, federal judge Roberto Lemos ordered the sending of letters to the Brazilian Bar Association (OAB) and the Public Security Secretariat to inform them about these restrictions. Understand the case In the action of the 5th Federal Court of Santos, the alleged diversion of cocaine was investigated on April 26, 2022, in Cubatão.