Decision answered the action filed by Stay Knowing, representing the Limalaw office, still in 2020
The 6th Panel of the Federal Regional Court of the 1st Region (TRF-1) unanimously ruled the Brazilian Intelligence Agency (ABIN) to release a data set that, although already disqualified, continued to be kept confidential. The decision, published on Wednesday (7) was based on. “When it came to Lai, it standardized item 33 of Article 5 of the Constitution, nationwide. Then, it is valid for any and all hypothesis. In Article 23 of the LAI, when there is a prediction that information involving risk to sovereignty and security of the state will be classified as it is, precisely, thinking that any information will be classified as it stipulates,” says lawyer Fernando Canhadas.
For him, the decision “is historical”, especially because it clarifies a conceptual misconception: “Some organs were oblivious to the lai precisely by the nature of the information they hold, and ABIN is the most iconic example of it,” said Canhadas. The decision answered the action brought by being known, with representation of the office Limalaw, still in 2020. For Canhadas, the decision can be a watershed in relation to what we had in the past to this “this mistaken understanding of the law and that will guide the performance from now on […] It will guide the performance of the bodies themselves that hold information of this nature, ”he explained during the trial, the Union did not denied that the documents were already disqualified, but argued that its content could“ expose the agency itself, as well as the servants who work in it ”. The decision, made in the second instance, is still subject to appeal.
*With information from Estadão Content
Posted by Sarah Paula
