The Novo party filed a lawsuit with the Federal Supreme Court (STF) to guarantee the right to defense in three investigations conducted by the Court: the investigations into Fake News (4781), Digital Militias (4874) and Anti-Democratic Acts (4879), extended by Minister Alexandre de Moraes.
The Claim of Non-Compliance with Fundamental Precepts (ADPF) 1195, filed by the party, questions restrictions on lawyers’ access to proceedings, which, according to the party, compromise constitutional rights.
Novo’s main allegation is that the STF would be violating fundamental precepts by hindering or denying lawyers access to case records. The party argues that these restrictions directly affect the rights to adversarial proceedings, full defense and due legal process, guaranteed by the Federal Constitution.
Eduardo Ribeiro, president of the party, declared that such impediments harm the defense and compromise justice, especially in investigations that are carried out in secret.
“This restriction prevents the defense from using the means necessary for full action, especially in investigations that are carried out under judicial secrecy. Errors like this cannot occur in justice, much less in the Supreme Court”, he stated.
Novo cites specific cases to illustrate the problem: deputy Marcel van Hattem (Novo-RS) would have waited 204 days to access the inquiry that blocked content on his social networks; congressman José Medeiros (PL-MT) was reportedly surprised to receive a summons in an investigation a few days after obtaining a certificate that there were no cases against him; and deputy Nikolas Ferreira (PL-MG) had his social media accounts suspended, but was unable to access the documents that justified the decision.
For lawyer Felipe Menegotto Donadel, who represents Novo, the action is an opportunity for the STF to clarify its understanding regarding access to ongoing investigations and reinforce respect for the constitutional principles of defense. The petition is based on Binding Precedent 14, which ensures the right of defense to full access to documented evidence.
“This is a great opportunity for the Federal Supreme Court to clearly and objectively address the matter regarding access to investigations, further reinforcing respect for the Principles of Contradictory and Broad Defense”, he states.
The ADPF requests an injunction to suspend restrictions on lawyers’ access to investigations and for the STF to reaffirm respect for due legal process and the reasonable duration of investigations. According to the party, it is essential to ensure that the legal profession fully exercises its role in the administration of justice, ensuring a broad and effective defense for those under investigation.
