Court orders PF to inform Braga Netto about “possible” breach of telephone confidentiality

The Judge of the 7th Federal Criminal Court of Rio de Janeiro Débora Velle Brito asked the Federal Police to inform the defense of General Braga Netto about a “possible” breach of confidentiality in the files of the investigation that investigates irregularities in tenders during the federal intervention in Rio de Janeiro .

Braga Netto was the head of the Rio de Janeiro security intervention and last week the PF launched an operation with 16 search and seizure targets for military personnel involved in the negotiations.

The operation investigates possible irregularities in a contract without bidding worth R$40 million during the federal intervention in Rio de Janeiro in 2018.

In the 35-page decision that supported the operation and which was published by the judge, there is no order to break telephone and telematic confidentiality against Braga Neto — which requires a court order.

As a result, his defense presented a request for the judge to inform whether she determined the breach.

She noted the request as a “request for the defense of Walter Souza Braga Netto, aiming to access a possible precautionary measure for breach of telephone and telematic confidentiality”.

In the petition, Braga Netto’s defense says that “since the start of the operation that took place yesterday to carry out the searches and seizures ordered in this process, several press vehicles have reported that the petitioner had been subject to a precautionary measure for breach of confidentiality telephone and telematics”.

It also informs that “to the surprise of the petitioner, in the present case there is no mention” of “breach of confidentiality”. Braga Netto’s defense also asks for “access to the respective process”.

The judge asked the Public Ministry to comment, but also “grant access to those investigated in the exact terms of binding summary 14, given that it is up to the aforementioned authority to indicate which elements are already documented and available for the parties to know”.

Binding summary 14 of the Federal Supreme Court (STF) states that “it is the right of the defender, in the interests of the represented person, to have broad access to evidence that, already documented in an investigative procedure carried out by a body with judicial police competence, concerns the exercise of the right of defense”.

TRF
The Federal Regional Court of the Second Region informed CNN that there was no order issued to break the confidentiality of former Minister of the Civil House Braga Netto due to the operation.

“The TRF 2 press office informs that there is no search and seizure warrant or order to break confidentiality issued against General Braga Neto in the files of the 7th Federal Criminal Court of Rio de Janeiro. It was also informed that there is no order issued in this regard in another Court in this jurisdiction”, says the note sent to CNN.

CNN contacted the Federal Police, which officially stated that it had no information about any possible breach of confidentiality by the general and that what was officially disclosed was worth: 16 search and seizure warrants only.