The decision of the Federal Supreme Court (STF) that prohibited the monitoring of conversations between banker Daniel Vorcaro and his lawyers began to be used by other defenses to question the security protocols of the federal penitentiary system.
Among the requests presented to the Court is that of the defense of Marcos Willians Herbas Camacho, known as Marcola, appointed as leader of the Primeiro Comando da Capital (PCC).
The lawyers asked the STF that the same understanding adopted by Minister André Mendonça in the case of the controller of Banco Master be applied to the drug trafficker. In practice, the request seeks to ensure that meetings with defenders take place without recording or monitoring inside the maximum security federal prison in Brasília.
The request was presented after Mendonça ordered the prison administration not to record conversations between Vorcaro and his defense team.
The minister highlighted in the decision that the legislation that regulates the federal penitentiary system prevents the monitoring of services between lawyers and clients, except when there is specific judicial authorization.
Defense tries to expand the scope of the decision
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Based on this argument, Marcola’s lawyers maintain that the right to confidentiality in communication with the defender must be applied uniformly to all prisoners held in custody in the federal system.
The request filed with the Supreme Court also requests that visits take place without the need for prior scheduling and that lawyers can take copies of the files and record notes during the meetings.
When evaluating the defense, the absence of monitoring is essential to guarantee the full exercise of the right to defense.
Other investigated also appeal to the STF
The movement is not restricted to the case of the PCC leader. Lawyers for other people under investigation also sued the Supreme Court after the decision related to the banker.
Among the similar requests presented to the Court are those from the defenses of Carlenilto Pereira Maltas, named by the Court as a member of the PCC and accused of participating in murders, and Antônio José Muller Júnior, known as Granada and considered one of the leaders of the criminal faction.
