The defense of Marco Willians Herbas Camacho, Marcola, identified by the authorities as the head of the criminal faction (Primeiro Comando da Capital), asked the Federal Court to extend to him the same benefit granted by the STF to the businessman in relation to conversations with lawyers.
The petition, signed by lawyer Bruno Feullo Rita, was filed this Thursday (12). Marcola is imprisoned in the federal penitentiary in Brasília, as is Vorcaro.
By decision of the minister, rapporteur of the Master case, Vorcaro will be able to receive visits from his legal representatives without monitoring or recording the conversations. In the federal penitentiary system, these encounters are recorded on audio and video.
He was transferred to a unit of the federal penitentiary system on the 6th.
According to the lawyer’s note, the minister’s decision highlighted that the legislation that regulates the federal penitentiary system expressly prohibits the monitoring of legal services, except through specific judicial authorization.
“For this reason, it determined that the prison administration allows visits by lawyers without monitoring, without recording and regardless of scheduling, also guaranteeing the entry of copies of the files and the possibility of taking notes during the meetings”, says the defense.
According to the lawyer, the petition on behalf of Marcola was presented to the magistrate judge, responsible for the federal prison. If the request is denied, the defense states that it intends to appeal to .
Lawyers for other members of the PCC must also file similar requests.
Marcola has already faced problems with leaked conversations with family members and lawyers. One of the recordings was even used in a trial against former members of the faction, fueling an internal dispute within the group.
“The defense reaffirms that the confidentiality of communication between lawyer and client constitutes an indispensable pillar of the Democratic Rule of Law, being a necessary condition for the effectiveness of the right to defense and for the very legitimacy of the criminal process”, states the note.
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