A thesis led by the minister and evoked by the defenses of the former president () and defendants of the coup plot reveals the mismatch between deadlines set by law and the reality of the production of digital evidence in criminal proceedings in Brazil.
Lawyers complained about. The defense curtailment argument, which could lead to the annulment of the trial if proven, but rejected by the majority of the ministers of the First Class of (Supreme Federal Court).
According to experts, in addition to the specific case, the defense thesis exposes as deadlines established in legislation and the mass of evidence, especially digital, currently produced in larger investigations may be in disharmony in the country.
Criticism of the volume of evidence and the pace printed in the progress of the process in the STF marked the speech of the defenses of the defendants of the coup plot.
The, representative of the former minister of (institutional security office), dealt with the impossibility of analyzing the evidence gathered in the investigation in a presentation in slides.
Celso Vilardi, Bolsonaro’s lawyer, said: “At 34, this is the first time I come to the podium, with all the humility, to say the following, I do not know the full of this process. I do not know. The set of the test, I do not know. They are billions of documents.”
The reference to the volume of evidence during the judgment session ranged from 70 to 80 terabytes. A 75 storage is equivalent to about 19 million photos, 37,000 hours of high -resolution films or 487 million pages of documents.
Fux spoke of “Data Tsunami” and “Document Dump [despejo de documentos]”.” Even for me, elaborating this vote was a source of extreme difficulty. I’ll say why. It is not a simple process. (…) The amount of probative material involved “.
The professor of criminal procedural law at UFPE (Federal University of Pernambuco) Manuela Abath considers that a volume of 70 to 80 teas, as mentioned by the defenses, makes the full analysis of legal deadlines practically impossible.
“When there is a type of diligence that obtains this data, either directly, by access to cell phones or computers, or by the request for cloud access, in practice, it is almost impossible to access the whole.”
“The digital world has an information storage capacity that challenges our ability to access,” he continues. But “we don’t have a chapter, a specific rule for the digital test, so the deadlines are the same.”
The proceedings of the coup plot criminal action followed the rules provided for in the Supreme Court’s Internal Regulations, the 1941 Criminal Procedure Code, and Law No. 8,038, 1990, which regulates rules for criminal proceedings in the Supreme and (Superior Court of Justice).
The (Attorney General’s Office) formalized the accusation against Bolsonaro on February 18. The next day, he ordered the defenses notified and opened a period of 15 days to respond.
On June 27, the minister had the parties summon to submit the allegations, the last stage of processing the case before the trial. Accusation and defenses had 15 days successively to present the last demonstrations about the case.
Maíra Salomi, vice-president of the IASP (São Paulo Lawyers Institute of Lawyers), assesses that, theoretically, the volume of evidence and the rhythm of judgment may raise doubts about the guarantee of broad defense.
“Does this generate a defense curtailment? In my view, yes, because if you can’t analyze the whole proof proof, if you don’t have time to analyze, you can’t produce defensive theses,” says Salomi.
The problem, according to her, is that the analysis depends on each case – it is the magistrate in front of the process to verify that the magnitude of the volume of evidence justifies a more elastic period, to the detriment of the speed of processing of the process, which is also a right.
Even those who speak up in favor of the trial, such as former Minister Miguel Reale Júnior, criticizes the time to consider the evidence. THE Sheet He said that “”.
How it showed the Sheetto ensure that the judgment of the merit would occur later this year – and thus avoid contamination of the process by the electoral calendar of next year.
President of the IDDD (Institute of Defense of the Law of Defense), Guilherme Carnelós says that the speed of the process is a defendant’s right, cannot be used to harm him, and that the accelerated pace can compromise the legitimacy of judgment.
“When I see processes conducted at the touch of cash, I usually see an overpower that harms the defense,” says Carlólós. He says he usually has more time and more structure to formulate the accusation.
The lawyer warns of the creation of a precedent on the lack of time for case analysis. “And who will pay the price? All the rest of peripheral, vulnerable, poor and black people who are subjected to a prison system, the criminal justice system.”
