Practice will only be allowed when equipment fails; If if violated human dignity, proof will be unlawful
The (Federal Supreme Court) ruled on Wednesday (2.ab.2025) that the intimate magazine for visitor in prisons is “inadmissible” when it has “vexatious” character and that the evidence obtained by this means must be considered illicit. The decision was unanimous and by the court “When there is no vote in which ministers accompany or differ but formulate a consensus.”
The practice of intimate magazine, however, is not completely vetoed. In the fixed thesis, the Court defined criteria to be performed. The decision has general repercussions and will be used by all courts of justice from now on. That is, it will have no effect on judicial decisions prior to the trial.
By the decision, the intimate magazine will be considered vexatious when the visitor needs to remove the clothes and submit to the inspection of body cavities. The practice should be replaced by the use of equipment such as scanners, x-rays and metal detectors. The goal is to prevent prohibited objects in prisons such as drugs and weapons.
However, if the visitor is suspected that he carries some irregular item with his evidence of intelligence or other robust evidence, the prison authority may ask the individual to submit to the intimate magazine.
In this case, the magazine should be done in a closed and exclusive environment for the practice, only after the consent of the magazine and by health professionals or authorized employees. If refused, the visit can be denied by the penitentiary authority.
The intimate magazine can also be done if the equipment faces or is currently unavailable.
The Supreme has also decided that the States and the Ministry of Justice must use the resources of the (National Penitentiary Fund) and the (National Public Security Fund) to buy and distribute the equipment.
