STF receives complaint for breach of paragraph 14 Precedents
Posted on 26. Jun, 2009 by John Rodholfo in News
LSF's lawyers filed a Complaint (RCL 8458) request for an injunction with the Supreme Court (STF) which points out the violation Precedents paragraph 14 by a district attorney prosecutor in the state of Espirito Santo and Internal Affairs General Court of the state. At the outset, LSF calls the suspension of the Administrative Procedure Disciplinary (PAD) and inquiry that investigates.
According to Gist, "the defender is right in the interest of the defendant to have ample access to evidence that, as documented in investigative procedure performed by an agency with jurisdiction of the criminal police, in relation to the right of defense." LSF responds to the procedures cited by facts that are still being cleared in investigations of three justices, judges, lawyers and servers.
In the complaint, the defense argues that the district attorney would have produced a civil investigation to which the defense had no access. Therefore, claims that the denial of access to the records of the case "violates the constitutional principles inherent in the democratic state of law" and violates Gist 14.
The defense also cites the Statute Law (Article 7, sections XIV and XV), which also provides for the right to view court proceedings or administrative proceedings.
One argument used is that Article 103 of the Constitution provides that a summary be effective and binding, therefore, "a judicial or administrative authority can not excuse himself by applying it to the case"
SOURCE: FTS
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