The Attorney General’s Office (PGR) recognized this Thursday afternoon (9) the complaint made by lawyers for Americanas in the Federal Supreme Court (STF) in order to suspend the anticipated production of evidence that the Justice of São Paulo authorized that Bradesco did.
Americanas had asked that the production of evidence be suspended precisely because it could reach these messages, thus affecting the professional secrecy protected by the Constitution.
STF Minister Alexandre de Moraes granted an injunction to the company, which was contested by Bradesco on the grounds that the interest of the anticipated production was not to violate the professional secrecy of the lawyers.
Moraes then asked the PGR to manifest itself. In the opinion, Juliano Baiocchi Villa-Verde de Carvalho, Deputy Attorney General of the Republic, acknowledged the complaint and said that the anticipated production of evidence could actually reach messages from lawyers.
“As for the plaintiff lawyers, even if they are not the original defendants in the action for the anticipated production of evidence, filed by Bradesco and directed against Americanas S/A, it is clear that the decision appealed to has the potential to reach their communications with the company, in the customer quality, and on issues that
not in Bradesco’s interest”, he says, in the opinion.
He also said that “the precautionary measure granted at the origin is too broad, and even though there is an expert forecast to select the information related to the relevant fact – suspected accounting fraud –, the remaining content being discarded, it should be seen that until there, all the telematic material collected will have the potential to have its secrecy violated”.
He concludes by saying that “the Federal Public Prosecutor’s Office opines for the partial knowledge of the complaint, only in relation to the complaining lawyers, and for the partial origin of the request, being excluded from the breach of telematic secrecy the e-mails originated or destined to the complaining lawyers or other lawyers of the company, in its exchanges of messages with the company, its administrators and controllers”.
Source: CNN Brasil
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