The defense of sent on Thursday (20) a representation to the (Brazilian Bar Association) to ask for help in the negatives of the minister to grant full access to the evidence gathered by the investigation.
The document is signed by 15 lawyers, including defenders of the former president, and the former minister ,.
According to the lawyers, Moraes has violated law prerogatives in lawsuits linked to the coup plot by denying access to evidence. In decisions over the past two months, the minister said that the defenses “have always had full access to the case.”
The imbroglio lies in the understanding of the full evidence. While lawyers ask for access to everything that was extracted by the Federal Police in investigations, such as the content of cell phones, Moraes has said that.
“Defensive requirements, such as this, have never been accessed to clippings, transcripts or what chosen by an authority in an absolutely partial way. What has been required by the defenses is complete access to the probative elements themselves, in their entirety and exactly as collected over the investigations,” the defenses say.
The lawyers highlight in the representation that “the completeness of the evidence is not in the case” and that the process has “only messages selected by the Federal Police and D. PGR and, therefore, isolated from the whole”.
“That is, much of what is available to defenses represents only what was filtered and selected by the Federal Police, restricted to what police analysis understands pertinent.”
Defenses still criticize the speed of the process. Circumstances should allow double deadline for the presentation of the prior defense of the accused and that 15 days was not enough time to analyze “approximately 100,000 pages and hundreds of gigabytes of digital data”.
“The illegalities directly affect the professional performance of lawyers, who are being hindered to perform the defense of their constituents widely because of the reiterated negative of access to the information elements of the deed and the non -granting of reasonable deadline, among many other illegalities,” they say.
Despite accusations of committing illegalities and restricting law prerogatives, defenses try not to personify criticism. In 24 pages of representation, the name of Alexandre de Moraes is quoted only once – in other references, they use terms such as “Rapporteur Minister” and “Honorable Minister”.
The expectation of the lawyers is that the OAB summit will enter petitions in the Supreme and make contact with Moraes to gain access to the full evidence collected by the Federal Police.
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