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Judge Sônia de Fátima Dias suspended Saturday (8) an injunction authorizing access to the Nissan apartment in Rio, ceded to the former chairman of the board of directors of the company, Carlos Ghosn, imprisoned in Japan.
In the lawsuit, the automaker claims that entry into the apartment represents "an incalculable risk of destruction of potential evidence of alleged crimes" by the executive.
The company requests that the badets located inside the property be inventoried and delivered to the custody of the head of governance, risks and compliance of the company, Salvador Dahan.
Arrested since November 19, Ghosn asks the Brazilian justice. access to the apartment to remove movable property – which, in his defense, "may be lost, stolen or damaged, especially those with a market value, such as watches, jewelery and works of art".
Located in the southern area of Rio, the property was purchased by a Nissan subsidiary in 2012 to serve as a residence for Mr. Ghosn while the executive was in Rio. At the time, the builder was starting construction of a plant in the southern region.
After Ghosn's arrest, Nissan changed the locks of the property by barring access to parents and executive officials. He says he found three locked safes inside the apartment, which could contain evidence of crimes.
"It can act of property acquired with the resources of Nissan and which are its property," he adds.
The defense of the executive states that the measure violated the inviolability of the home and deprived the executive of his property without due process. Ghosn's daughter, Caroline Ghosn Bichara, is also the author of the lawsuit.
Last Thursday (6), Judge Ricardo Cyfer granted an injunction allowing access for 24 hours, alleging that no criminal charges had yet been brought against the executive. The decision was released Monday (10), the same day that Ghosn was formally indicted by Tokyo prosecutors for problems noted in his income statement. Nissan has also been accused of making false financial statements.
The defense of the executive did not return to the request for maintenance. In a statement, Nissan said it was cooperating with the authorities and was working to prevent the destruction of any clue by allowing access to the property.
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