Neither president has 'absolute privilege' of secrecy, says Sergio MoroMagister points out that President Dilma was caught fortuitously and vouched legality of staples.
A day after the revelation that President Dilma Rousseff served to shield political ally and predecessor Luiz Inacio Lula da Silva at the Ministry of Civil House, Federal Judge Sergio Moro, relentless target of attacks during the inauguration ceremony of PT, He said on Thursday that there are no irregularities in the fact that mandatory country have been caught on a wiretap fortuitously. Dilma is not officially investigated in Operation Lava Jato, but its predecessor – yes this target wiretapping – is calculations object on suspicion of having received favors and largesse contractors investigated in the country's biggest corruption scandal.
“The fact that the dialogue have the authority interlocutor with privileged forum does not change the picture, because the intercepted was investigated and not the authority, and communication intercepted fortuitously”, he explained Moro. “Even the supreme representative of the Republic has an absolute privilege in the protection of your communications, Here harvested only fortuitously”, he countered.
New order, the judge also attested to the legality of the monitoring of the conversation that President Dilma Rousseff said Lula that he must sign the deed of the Civil House “in case of need”. The verdict of the court was deemed necessary after indications that there would be a time gap between the decision to stop the cramps and the implementation of the order together with the telephone operators. “As there was just cause and legal authorization for interception, I do not see major problems occurred”, summed up. “It is not yet the case of exclusion of dialogue considering their relevant content in the context of investigations”, said Sergio Moro.
Moro had determined to 12h18 on Wednesday the suspension of installed clamps to monitor former President Luiz Inacio Lula da Silva and the PT interlocutors. The antirrepublicana conversation between Lula and Dilma, where the President says that the proper term should only be used “in case of need”, It occurred at 13h32 via mobile Valmir, registered in the operator Claro. this time, Sergio Moro had already determined that the clips were suspended. An analyst of the Federal Police sent an email to the legal department of the course 12h46 to immediately comply with the judge's decision.
In order Wednesday, the judge had stated that authorities with privileged forum, as President Rousseff, They were not stapled, and his dialogues were “picked randomly”. “As I have decided in all such cases of the so-called Operation Lava Jato, treating the process of investigation of possible crimes against public administration, the public interest and the constitutional provision of advertising processes prevent the imposition of continuity confidentiality of records”, said the magistrate. “The survey thus will provide not only the exercise of legal defense by investigated, but also healthy public scrutiny of the performance of public administration and own criminal justice. Democracy in a free society requires that the governed know what do the rulers, even when they seek to work protected by the shadows”, He completed the judge.
The Federal Police considers that its role in investigations is bring to justice all collected information, it is for the judiciary to decide on the use of information. in a statement, the corporation said “interruption of telephone intercepts is carried out by own mobile phone companies” and reported “until compliance with the court decision by the telephone company, They were intercepted some calls”.