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Brazilian Federal Supreme Court judged as constitutional a resolution on the use of calls interceptions by Public Prosecutor's Office members

By a majority of votes (6 to 5), the Plenary Meeting of the  Brazilian Federal Supreme Court (STF) dismissed the Direct Action for the Declaration of Unconstitutionality (ADI) 4263 and declared the constitutional validity of Resolution 36/2009 of the National Council of the Public Prosecutor's Office (CNMP), which provides for the request and use of calls interceptions by members of the Public Prosecutor's Office (MP), under the terms of the Law 9.296 / 1996 (Law of Telephone Interceptions).

The resolution was questioned by the Attorney General's Office (PGR), which alleged that the CNMP exceeded its constitutional regulatory powers, both by invading the functional autonomy of members of the Public Prosecutor's Office and by having innovated the legal system.

Prevailed, at the plenary session on Wednesday (25), the understanding that the resolution is based on the law and, therefore, the CNMP did not exceeded the regulatory power granted to it by the Federal Constitution. According to the vote of the rapporteur, Justice Luís Roberto Barroso, the Resolution 36/2009 only disciplined the conduct of the MP in the event of calls interception, without creating material norms of criminal law or criminal procedural law, particularly because it does not provide for any type of nullity, but only possible administrative sanctions for the members of the MP who does not follow the resolution.

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