The minister of the (Supreme Federal Court), suspended on Thursday (24) the trial on the possibility of breach of secrecy of searches made on sites such as the criminal investigations, with a request for view-time for analysis.
The case would be resumed at this afternoon’s session with the vote of Minister Kassio Nunes Marques. Now, Gilmar has, by regimental rules, 90 days to return the process to the plenary.
“The debate that has been done around this case impresses me and we have a lot of perspectives. It seems to me that we have a great challenge here, perhaps even in terms of constitutionalism and data protection,” said Gilmar.
This Wednesday (23), defended A, na. Mendonça had also asked for more time to analyze the theme. According to him, setting a very wide thesis would open dangerous breaches and proportionality is needed.
The case that led the theme to the court is that of the murder of the councilwoman, the. The feature discusses the limits for opening type data in criminal investigations and whether these breaks can reach random people.
The minister expressed concern with the so -called probative fishing, prohibited by Brazilian law. The practice, also known as fishing expeditionare indiscriminate speculative investigations, without certain objective or declared. The expression would be an analogy to launch networks in the hope of “fishing” any proof to subsidize a future accusation.
with a total negative for very wide access or flexibility.
“We need to discuss the limits of an investigation. Today for me to approach a person on the street, I need a suspicion. But here is the possibility of opening for undetermined people without having a suspicion of this conduct. We will create an investigation drag,” he said.
And they have already voted, diverging from the position of the rapporteur, minister, today retired.
Rosa Weber’s vote was given in September 2023. In her view, the Internet’s Civil Marco prevents the supply in a widespread way. This fixed legislation, according to the minister, that court orders in the digital environment must be individualized.
Upon opening divergence, Moraes said it was constitutional to request connection records or access to applications for criminal investigation, provided that requirements such as “evidence of the occurrence of the illicit, motivated justification for the usefulness of the registrations requested for investigative or probative instruction to which the registrations refer”.
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