The Federal Supreme Court (STF) accepted the understanding of the Federal Public Ministry (MPF), which dismissed the appeal of former federal deputy Eduardo Cunha, who asked for full access to telematic messages obtained under Operation Spoofing. The court allowed access only to messages that were not confidential and that dealt exclusively with him. Operation Spoofing investigates the intrusion into the telephone sets of authorities who worked in Operation Lava Jato.
Eduardo Cunha had already obtained permission from the STF to access only messages that were not under secrecy and with express mention of his name. His appeal questions this partial provision. The Court’s decision was rendered through the Virtual Plenary, concluded last Friday (27).
The defense of the former deputy alleges the Supreme Court’s omission in authorizing access to messages to former president Lula, but not to Cunha. According to the defense’s petition, there was also a violation of the principle of due process of law, which would guarantee the so-called extensive effect.
After partial acceptance in a decision of Minister Ricardo Lewandowski, the former parliamentarian filed a new grievance, claiming that the rapporteur’s decision “contrary to the principles of broad defense and adversary proceedings, since only access to the full message of the operation allows unveiling the facts surrounding it”.
When deciding to dismiss Eduardo Cunha’s claim, the STF understood that the Court did not recognize as legitimate the “offering of a constitutional claim that was not part of the paradigm procedural legal relationship, in cases where the precedent was given in a case of a subjective nature” . The Court’s understanding followed the MPF’s understanding.
Federal Public Prosecution Service
In the demonstration, the MPF defended the maintenance of the Supreme Court decision, recalling that Cunha is not a party to the claim in which he pleads for the right to extend the access granted to former president Lula.
According to the Deputy Attorney General of the Republic Lindôra Araújo, who signed the opinion, the decision of the reporting minister was in line with the legal system and with the majority interpretation of the subject. “In light of the statement of Precedent 14 of the Supreme Court, access to the records must be limited to evidence that has already been documented and that convey useful information for the conduct of the appellant’s defense, not admitting excesses that may harm not only privacy, but also the criminal prosecution”, he clarified.
With information from the Federal Public Ministry