The (Brazilian Bar Association) guided the law firm not to accept having the cell phones to participate in judicial acts, as occurred during the trial of the coup plot in the first class of the (Supreme Federal Court).
In a statement released on Wednesday (30), the entity states that the decision, even if punctual, violates the free exercise of law and the rights of the defense.
“The OAB expresses, expressly, that lawyers and lawyers do not accept the requirement to seal cell phones as a condition to participate in judicial acts. The measure does not find legal support and hurt professional prerogatives assured by the law status,” he says.
The text also states that each determination of the type should be communicated to the entity: “If the imposition persists, the orientation is clear: not to participate in the act and immediately communicate the occurrence to order.”
The minister presides over the first class, where the trials of the coup plot occur. Last week, the collegiate determined that the telephones of lawyers and journalists accompanying the second session of receipt of the complaint were sealed.
“Exceptional action aimed to ensure the Liturgy of the Court, the smooth running of the work and the fulfillment of a decision of the rapporteur minister, who won the use of the image of one of the complaints present in that session,” says a statement from the Supreme Court released on Monday (28).
Earlier this week, Zanin received representatives from the OAB Federal Council. On Tuesday (29), the minister responded to the letter presented by the entity.
“The decision to prohibit the use of cell phones during the session of the first class of the Supreme Court, held on April 22 ,/2025, was based on the police power of the president of the collegiate, after consensus among its members, due to particular issues of the trial,” said the minister.
In the rejoinder, the OAB has gathered the national leadership and the college of sectional presidents and said it will continue to debate the issue.
“The order will continue to adopt all necessary measures to ensure respect for the legality and constitutional guarantees of the profession. The defense of prerogatives does not include relativization. This is an OAB non-negotiable institutional duty,” the note says.
To the panel, the OAB promised to trigger international human rights courts if the minister insists on the order of in future sessions related to the trial of the alleged coup plot.
The decision taken by the ministers of the First Class had as a justification presented at the time the non-compliance with court rules at the session in March, in which (PL) became a defendant, with people filming the former president’s entry into the collegiate.
The court also said there was a determination of Minister Alexandre de Moraes to Filipe Martins – the presidency and now defendant’s advisor – not to be filmed. One day before the session, the minister reiterated that no image could be captured or disclosed in the trial or on displacements, even by third parties.
The president of -SP, also complained about the measure. According to him, it was one.
“We had, the, all the judgments. This never happened,” says the president of OAB-SP.
He recognizes, in theory, the possibility of imposing such a measure, but only based on legal provision or a fact that justifies it – which, in its understanding, does not exist.
The problem, according to the lawyer, is that this order creates a precedent for abuse of power.
