Henrique Vorcaro’s defense criticized this Tuesday the decision of the Second Panel of the Federal Supreme Court (STF) to maintain the businessman’s preventive detention and stated that the measure is “extreme, unnecessary and disproportionate”. In a note released after the trial, the lawyers maintained that there are no concrete elements that justify the continuation of precautionary custody.
Represented by lawyer Eugenio Pacelli, Henrique Vorcaro is the father of banker Daniel Vorcaro, investigated as part of Operation Compliance Zero. By majority, the Second Panel decided to maintain the prison ordered by minister André Mendonça.
In the statement, the defense argues that Henrique Vorcaro was always available to the authorities and did not pose a risk to the investigation.
“Henrique Vorcaro has always been available to the authorities, does not pose a risk to the investigation and cannot be kept in prison based on presumptions, conjectures or responsibilities attributed to third parties”, states the note.
The lawyers also defended that the facts be analyzed individually, based on the evidence actually produced in the case, and not based on family or business ties with other people being investigated.
Another point highlighted by the defense was the alleged difficulty in accessing the elements that support the accusations. According to lawyers, the lack of full access to the investigation material compromises the exercise of broad defense.
“The defense also registers concern about the lack of full access to the elements that support the accusations, which compromises the full exercise of the broad defense”, says the text.
The lawyers also criticized the disclosure of information about the investigation before the defense had complete knowledge of the documents contained in the file. In the assessment of the legal team, advance information to the press contributes to the formation of prior judgments about the case and creates an environment of persecution incompatible with constitutional guarantees.
The complaints presented by the defense are in line with criticisms made during the trial by Minister Gilmar Mendes. When voting to replace Henrique Vorcaro’s arrest with house arrest, the Dean of the STF questioned the late availability of investigation documents and stated that not even members of the Second Panel had full access to certain elements used to support precautionary measures.
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Despite the dean’s vote, the understanding of rapporteur André Mendonça, accompanied by Kassio Nunes Marques and Luiz Fux, prevailed, that the requirements for maintaining preventive detention remain present.
