Supreme Federal Court advances analysis of legality of vexatious intimate magazines in prisons, with judgment scheduled for October 12.
He decided to postpone the analysis of the legality of vexatious intimate magazines in prisons, a practice that seeks to prevent the entry of illicit substances, weapons and cell phones. The trial, which began with the votes of the ministers ewill be resumed next Wednesday, the 12th, with the expectation that the other nine ministers will speak out. The discussion in the court is based on an appeal presented by the prosecutor, which seeks to reverse the acquittal of a woman caught trying to enter a prison in Porto Alegre with 96 grams of hidden marijuana. The Public Defender’s Office argued that the intimate magazine was illegal, which led the Rio Grande do Sul Court of Justice to decide to acquit the accused.
The rapporteur of the case, Minister Fachin, expressed his position contrary to the practice of vexatious intimate magazines, noting that the withdrawal of underwear must be justified. He suggested that manual magazine be authorized only when there is concrete evidence that forbidden objects are being introduced, recommending the use of equipment such as scanners and X-ray. Fachin also established a period of 24 months for prisons to acquire these devices.
On the other hand, Minister Alexandre de Moraes presented a divergent vision, arguing that the intimate magazine can be performed even in the absence of X-ray equipment, provided that the visitor’s consent and that the inspection is done by same-sex agents. Moraes warned that the ineffectiveness of surface magazines can result in problems, such as suspension of visits to prisons that do not have adequate technology, which could trigger rebellions.
Posted by Sarah Paula
*Report produced with the aid of AI
