Lawyer sees PF action to demoralize him in Moraes case – 02/20/2024 – Power

Lawyer Ralph Tórtima Filho believes that the inclusion of dialogues between him and his client in the Federal Police investigation into the hostility towards Minister Alexandre de Moraes (STF) and his family at Rome’s international airport was a deliberate act, an attempt at demoralization.

“It was not a simple act, I believe it was a thought out act, an intentional act, with the aim of embarrassing, with the aim of giving a determination of force or, in some way, of trying to demoralize the work of the defense,” he said. the criminalist to Sheet.

This Monday (19), in response to a request from Tórtima and the OAB (Brazilian Bar Association), the rapporteur of the inquiry, minister Dias Toffoli (STF), ordered the removal of transcripts and prints of conversations between the lawyer and businessman Roberto Mantovani Filho, investigated together with family members for the approach to Moraes.

“I could never imagine that a personal conversation between a lawyer and his client could be uncovered within an investigation carried out by the PF, especially when conducted by a very experienced delegate, who must know the legal limits”, added Tórtima.

The dialogues between the lawyer and Mantovani were included in a report sent to the STF last week by delegate Hiroshi Sakaki, with the conclusion of the investigation. The police officer understood that Mantovani committed a real insult against Moraes’ son, who accompanied his father on the trip to Europe.

When contacted by the reporter, the PF stated that it would not comment on the case.

Tórtima said that the conversation between lawyers and their assistants is “very trustworthy, almost sacred”, and that it deserves all respect, all protection. “He [o sigilo profissional] it only does not apply in the event of a crime being committed, something that never happened in this case.”

“What the police chief did is compared to putting a bug in a confessional. Unacceptable in every way.”

The criminalist stated that he awaits developments in the case after measures requested by the OAB with the STF and the PGR (Attorney General’s Office) and does not rule out calling upon bodies such as the PF Internal Affairs Department if there is no progress towards an investigation into the conduct of the delegate.

“The Abuse of Authority Law provides that the use of breach of confidentiality in an investigation is punishable. In other words, the act of this delegate, in delving into communication that he knew was protected by secrecy, deserves investigation”, stated Tórtima.

As for the investigation itself, Mantovani’s defender said he believed that the analysis of the images, whether by the defense or the Public Prosecutor’s Office, would lead to a different conclusion, one of the points that has been explored by Tórtima in the files in recent months.

“The Italian authorities, when analyzing these same images, concluded that the person who first touched someone was the son of Minister Alexandre [de Moraes]on the back of my client’s head [Mantovani]who, in an act of reaction, raised his arm, at which point his hand touched his glasses [filho do ministro]. Therefore, there is no need to talk about real insult”, she stated.

“These images, very strangely, were not sent for forensic examination, as would have been mandatory, and there was an extremely biased analysis of them, carried out by a police officer subordinate to Dr. Hiroshi [Sakaki].”

For the lawyer, the selection took place within what would serve the interests of Moraes and his family, disregarding moments he considers relevant to what happened in Rome.

Tórtima also speaks of alleged excesses and abuses committed “under the determination of the president of the investigation, who is Dr. Hiroshi”.

“Some acquaintances I have in the PF told me that he is very close to Minister Alexandre de Moraes, which could cast doubt on much of the work carried out. Perhaps that is why there were so many excesses in the course of this investigation”, he stated.

In another point to be explored with the police conclusion, the defense says that the crime attributed to their client could not be investigated in Brazil.

“For the crime to be investigated in national territory, the maximum penalty provided would have to be equal to or greater than two years and there is no conduct with this sentence. So, for that reason alone, they could not have been investigated in national territory”, he said.