Conduct of a lawyer who leaked Cid’s dialogue is controversial – 06/30/2025 – Power

by Andrea
0 comments

The conduct of lawyer Luiz Eduardo Kuntz, defender of one of the coup plot defendants, generates controversy about whether or not it can be framed as a crime or ethical infraction after him.

The minister, of the (Supreme Federal Court), determined on the 18th the opening of an investigation against Kuntz and his client Marcelo Câmara to investigate eventual obstruction of justice. .

Specialists heard by Sheet they divide. The main point under discussion is whether there was a violation of the rules of law or if the defense prerogatives were regularly used.

Criminalist Alberto Zacharias Toron, who assumed Kuntz’s defense, denied any ethical infraction and said there were no elements for setting up justice obstruction. He stated that Kuntz is a serious lawyer who trusts the discernment of the Attorney General and that the facts will be clarified in the course of the investigation.

Two weeks ago, Kuntz sent to the Supreme, what he said he had with the former Bolsonaro orders after the military closes. In the dialogue, Cid allegedly gives details of the testimonials and makes out of course.

In the petition, the lawyer states that he was sought by Lieutenant Colonel, not the other way around, and kept contact because he could be a possible hiring of services.

Mauricio Stegemann Dieter, professor at USP Law School, says that the lawyer’s conduct can, in theory, be considered a disciplinary offense for breach of professional secrecy.

According to him, the duty of confidentiality can be established even before the contract, from the moment a professional is sought to receive legal counseling, providing the lawyer information that may be used against him in some case.

“In abstract, we may be facing different infractions to the code of ethics and discipline of,” says Dieter.

“It will be necessary, however, that the public power or any of those harmed by the disclosure of the content of these conversations seeks the Court of Ethics of the Bar Association to establish the proper instructional procedure, always guaranteed contradictory and broad defense to the eventually represented.”

Lawyer Maíra Salomi, vice president of the IASP Criminal Law Commission (São Paulo Lawyers Institute), says that, depending on the context in which the messages were exchanged, they can go beyond a conversation between friends and configure an ethical infraction.

“It is necessary to evaluate the context of all these messages to understand if, in fact, he was eventually trying to co -opt this client from the other lawyer or even if it worked a natural conversation, because if she entered the process, he needed to have spoken directly to the defender [de Cid]”She says.

Regarding the suspicion of obstruction of justice, Salomi states that the attempt of a lawyer to interfere with the content of a denunciation can, in theory, configure the crime, but only the investigation will demonstrate if there was indeed embarrassment to the findings.

She says it is allowed, in the defense strategy, to seek information from the case elements, whether from within or outside of them, even using defensive research techniques, but that the confidentiality limits of an award -winning collaboration agreement must be observed.

“It does not seem to me to be within the limits of defensive investigation to obtain confidential data from a collaboration. In my view, this goes beyond the limits of defensive investigation.”

Toron, who defends Kuntz, states that there was no professional relationship between the two and that everything was just “a normal conversation between people.”

He states that the obstruction of justice would only be configured if there were, for example, threat or coercion that compromised ICD freedom to the authorities. According to him, the interpretation has to be restrictive, but any act, in the limit, can be considered obstruction.

Professor Helena Lobo, from USP Law School, has a theoretical position on the subject. For her, the crime of obstruction clashes with guarantees of the exercise of the right of defense and should not exist in the legal system for the problems and difficulties it brings.

“I cannot arrive in a solution of a criminal issue, either in the sense of acquittal or conviction, if it does not have a broad defense right, which can be exercised in a fearless manner,” she says. “The lawyer, defender, who acts with fear, afraid of being personally hit, cannot perform properly to what matters to justice.”

In Helena Lobo’s assessment, the crime of obstruction of justice should be interpreted “punctually and more closed” when involving the exercise of defense and, with the information currently available, there is no clear evidence of being committed in the case of Kuntz.

source

You may also like

Our Company

News USA and Northern BC: current events, analysis, and key topics of the day. Stay informed about the most important news and events in the region

Latest News

@2024 – All Right Reserved LNG in Northern BC