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This is not just the leak of the federal tax report on Minister Gilmar Mendes and his wife, lawyer Guiomar Feitosa, to Veja Magazine which was illegal. According to what is written in the report, the tax auditor Luciano Castro intends to look for the origin of the fees paid to the office of which Guiomar is a partner.
José Cruz / Agência Brasil
According to the document, the auditor's objective is to investigate the money laundering and allegedly committed influence by the minister and his wife. . As Gilmar has the prerogative to be a forum before the Supreme Court, only the Attorney General 's office can give this type of information, and even in this case only with the judicial authorization of. open an investigation.
The auditor writes in the report that "is given by the lawsuit lawsuit proceedings related to the taxpayer or his relatives, where the magistrate himself or one of his peers facilitates the trial." Previously , it was stated that "the distribution of profits and dividends had been verified during the years 2014 and 2015, which must be verified if the taxpayer has actually rendered services".
It is therefore clear that the intention of the auditor is to determine who has paid Guiomar's fees. According to the Statute of the law, "in the practice of the profession, the lawyer is inviolable by his acts". And the Federal Council of OAB has already indicated that the fees were included in this inviolability.
The Attorney General's office knows it. In 2013, Roberto Gurgel, who was then PGR, had sent the Supreme a notice in which he discussed the obligations of information of liberal professionals provided in the anti-money laundering law. In the document, it makes clear that requiring lawyers to declare their financial transactions is unconstitutional by forcing them to violate the functional secret, one of their prerogatives.
"The law, rather frightened on this point, does not reach the corresponding objectives the administration of justice, because otherwise the essential core of the principles of the adversarial procedure and a sufficient defense would be reached", indicates the l notice. "The law does not apply to the lawyer in the exercise of the constitutional right of defense, nor to the consultant who avoids prosecution by his consulting work."
Examples of "lava jet"
is a common maneuver when the goal is to weaken the defense of targets of the organs of persecution.In 2015, Minister Teori Zavascki authorized the violation of the bank secrecy of two offices to find out who had paid the attorney fees.Please note that, Although the report of the federal police spoke about the discovery of the original fee, Rodrigo Janot, then responsible for genetic resources, had omitted this part in his request to Teori, claiming to be a financial gesture.
The same year, the Petrobras IPC summoned Beatriz Catta Preta's lawyer to go to Congress to reveal the identity of his clients and the origin and it was suspected that informant versions had been combined to undermine specific political groups.
But the strategy, much less invasive than that of the tax auditor who is currently investigating Minister Gilmar, was illegal. Minister Dias Toffoli has ordered that Catta Preta be no longer subject to the ICC for providing such information.
"Moreover, the confidentiality that governs the relationship between client and lawyer, including with respect to the origin of legal fees, should be preserved."
Criminal Proceedings 470
The 470 Criminal Action Judgment, the mensalão process, is a section of the vote of Minister Celso de Mello reinforcing the prerogatives of lawyers in the defense work of their clients.
For Minister Celso de Mello, there is a "judicial immunity clause" related to the practice of law. "This clause" is of utmost importance as it guarantees to the lawyer the inviolability of demonstrations that he has manifested in the practice of the profession, even though the offense accused was committed against a magistrate, provided that a relevant causal link is respected with the context in which
In his vote, Celso de Mello declared that the prerogatives lawyers, although explicit in the Statute of the Council (Law 8.906 / 94), derived directly from the Federal Constitution and were set "with the great objective of allowing the defense of the integrity of the fundamental rights of the population in general. "In other words, the prerogatives are at the service of citizens represented by lawyers, and not personally by the professionals they protect." identified with mere privileges of a corporate nature, since They are as the instruments to preserve the independence of the lawyer, to give effect to the constitutional franchises invoked to defend those whose interests are entrusted to him ", reinforces the dean of the Supreme Court, who recalled that the inviolability was not absolute, because it
"According to the Minister, the lawyer can badert his prerogatives in any institutional space – executive, legislative or judicial – or before any organ of the state.
"The lawyer must neutralize abuses, put an end to arbitrariness, demand respect for the legal system and ensure the integrity of the guarantees – legal and constitutional – granted to the person who entrusted him / her with the protection of his freedom and rights. "
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