The Federal Supreme Court (STF) postponed on Thursday (6) the decision on the legality of the intimate vexatious magazine in prisons to prevent the entry of drugs, weapons and cell phones.
The ministers began the discussion on the issue, but after the votes of ministers Edson Fachin and Alexandre de Moraes, the president of the STF, Luis Roberto Barroso, suspended the trial, which will be resumed on Wednesday (12). The votes of nine ministers are missing.
Case
The Court judges an appeal from the Public Prosecution Service to reverse the acquittal of a woman caught trying to enter a prison in Porto Alegre with 96 grams of marijuana wrapped in a condom and packed in the vagina.
In the first instance, she was convicted, but the Public Defender’s Office appealed to the Rio Grande do Sul Court of Justice (TJRS), which acquitted it, understanding that the intimate magazine procedure was illegal.
Minister Fachin, rapporteur of the case, recognized the illegality of vexatious intimate magazines. In the minister’s understanding, during the visit of relatives or friends of prisoners in the prisons, the underwear may not occur for inspection of body cavities without justification.
Procedure
The manual magazine may occur, but may not be vexatious. The procedure should only occur when there is evidence of illegal entry of objects or drugs. Suspects should be cleared from the use of electronic devices (scanners and X-ray), intelligence information or suspicious behavior.
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By vote of the rapporteur, if the Supreme Court determination is not met, the evidence obtained against persons accused of entering illegal objects in the prisons will be invalidated.
Fachin also determined a period of 24 months for prisons to buy scanners and x-ray equipment.
Divergence
Then Minister Alexandre de Moraes opened the divergence. For the minister, the intimate magazine can be performed, but only in the face of the lack of X-ray equipment and the visitor’s agreement. The magazine must still be performed by same -sex agents. If there is a refusal on the visit, the prison administration may prevent the entry.
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Moraes also said that the surface magazines of visitors have no effect. The minister stated that the number of drug seizures, cell phones, white and firearms in the country’s prisons has reached 625,000 in the last two years.
“This material is never caught by superficial magazines, who will visit does not put in the bag, at the waist. All of these seizures are performed or under the underwear or in the body cavities. Superficial magazines are for nothing, ”he said.
Moraes also pointed out that the Court’s decision may generate the suspension of visits on prisons that do not have X-rays.
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“By generating almost general apprehension, we will generate a sequence of rebellions. If there is something that generates rebellion is when the visit is prevented, ”he concluded.
