A breach of confidentiality by Adélio Bispo’s lawyer is “absurd and criminal”, says a member of the OAB/SP

The 2nd Section of the Federal Regional Court of the 1st Region (TRF-1) authorized, on Wednesday (3), the breaking of bank secrecy and seizure of the cell phone and documents of lawyer Zanone Manuel de Oliveira Júnior, responsible for Adélio Bispo’s defense at the time of the attack on President Jair Bolsonaro (no party), during the 2018 presidential campaign.

André Lozano, member of the Committee on Prerogatives of the OAB of São Paulo, evaluates the decision as “absurd and criminal”. For the lawyer, the breach of confidentiality must be expressly substantiated in order to put Zanone Júnior under suspicion.

Regarding defense financing, there is no interest on the part of the State, but only the client and the lawyer, who “may himself bear the costs, either because he has ideological identification or as a result of media exposure”, or by a third party “for any reason”.

“When you take such a serious measure against the lawyer, you should at least demonstrate what the motives are. The secrecy of justice occurs in exceptional cases. It is not any case that can be declared confidential, only in those cases where there is an interest in preserving the confidentiality of the investigations, the accused or the victim.”

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For Lozano, there is even a public interest in the investigations taking place in the open, and when the decision to breach confidentiality takes place in a process that is processed in secrecy by the courts, he becomes “fearful due to the lack of transparency”.

“Advertising is a democratic value, it exists precisely so that the population can oversee the performance of the government, since the Judiciary Branch is also one of the pillars of democracy and needs oversight,” says Lozano.

understand the case

In 2018, the TRF-1 itself allowed for the breach of confidentiality and seizures. In December, the Federal Police even seized the materials, but they were not used in the investigations.

One later, however, the proceedings were suspended by judge Néviton Guedes, rapporteur of the case at TRF-1, by injunction at the request of the Brazilian Bar Association (OAB). According to the OAB, the steps would go against the lawyer’s professional secrecy.

In June of this year, attorney Frederick Wassef filed, on behalf of Bolsonaro, a petition requesting a review of the breach of confidentiality.

In the lawsuit, Wassef listed the elements that put the lawyer under suspicion: “(1) a renowned law firm is hired to defend low-income under investigation; (2) the hiring of the firm does not occur on a pro bono basis; (3) the hiring of the office takes place without the knowledge of the investigated; (4) the hiring of the office does not occur at the request of the investigated; and (5) the hiring of the office does not occur at the request of the investigated person’s family or friends”.

On this Wednesday, by three votes to one contrary, the Court not only authorized the maintenance of the steps established in 2018, but also the resumption of investigations, in order to determine whether there was a mastermind of the crime, since Zanone Júnior would have defended Adelio Bispo gratuitously, as Wassef argued.

The decision will analyze financial transactions made between September and December 2018, right after the attack.

Historical

For André Lozano, “breaking the lawyer’s secrecy and not demonstrating that he would actually be somehow participating in the commission of a crime is a continuation of a situation of illegalities that has been occurring in Brazil since the ‘mensalão’ and that deepened during Lava Jato”.

As part of Operation Lava Jato, former federal judge Sergio Moro broke the confidentiality of Roberto Teixeira, then attorney for former president Luiz Inácio Lula da Silva, and the central telephone at the headquarters of his office, Teixeira, Martins e Advogados . With that, Moro authorized access to conversations of all 25 lawyers with at least 300 clients.

Two years after the case was revealed by the press, the 8th Panel of the Federal Regional Court of the 4th Region ordered, in March 2018, the destruction of the recorded audios.

Edition: Leandro Melito

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