In an interview with CNN This Wednesday (31), Raquel Scalcon, a law professor at Fundação Getulio Vargas (FGV), classified the evidence used by Minister Alexandre de Moraes to authorize precautionary measures against the group of businessmen who allegedly defended a coup d’état in Brazil as insufficient. .
“I don’t think there is not an attempt at a robust foundation, but technically, it seems to me that this foundation does not find this support in the evidence that is placed there”, explained the professor.
According to Scalcon, the WhatsApp conversations disclosed in a report by the Metrópoles portal are enough to proceed with the investigation. However, the jurist understands that such messages are not enough “to allow, as an almost first measure, this vast number of precautionary measures, such as breach of confidentiality, blocking of accounts, search and seizure, which was granted”.
The professor believes that Moraes’ decision seems to use, at some level, a practice known in the legal environment as “fishing”.
“It is a very common practice in criminal procedural law, today, it is not a legitimate practice. And this can be seen a little: this perception that ‘well, let’s see what we find and, based on what we find, which may be very serious, we justify the measure previously launched”.
The request for breaking bank secrecy and blocking the accounts of Bolsonarista businessmen were requested by Senator Randolfe Rodrigues (Rede-AP), while the search and seizure of cell phones was requested by the Federal Police (PF).
Source: CNN Brasil
