Legal experts criticize the coercive detention of Malafaia.
"Yet another coercive detention contrary to the legal order and unnecessary, which unduly exposes a citizen whose conduct is being investigated, who hasn't even been formally charged yet, let alone convicted. All we get from this is unnecessary suffering. It's regrettable, regardless of who the victimized citizen is," opined Pedro Estevam Serrano, professor of Constitutional Law at PUC-SP.
Do Justifying - This morning, the 16th, the Federal Police launched "Operation Timóteo," which investigates an alleged criminal organization involved in royalty collection. The operation mobilized hundreds of agents in 11 states of the country who executed more than 52 search and seizure warrants, 29 coercive measures, and 16 arrest warrants.
Among the coercive detentions, the case of Silas Malafaia, a nationally renowned evangelical pastor, stands out. The information is still recent, but legal experts have been able to analyze the legality of the procedure involving those detained.
Since there were no arrest warrants in these cases and it was a surprise operation, the procedure is illegal: "The coercive detention of a suspect is a tremendous absurdity. The suspect has the right to be heard, not the obligation. They are not even obligated to tell the truth," stated the Public Prosecutor of the Public Ministry of São Paulo, Daniel Serra Azul.
Professor Pedro Estevam Serrano, from the Pontifical Catholic University of São Paulo (PUC/SP), also lamented the episode: "Yet another coercive measure contrary to the legal order and unnecessary, which unduly exposes a citizen whose conduct is being investigated, who hasn't even been formally charged yet, let alone convicted. All we get from this is unnecessary suffering. It's regrettable, regardless of who the victimized citizen is."
Malafaia is known for his hate speech, especially against the LGBT population and women. Therefore, many people who identify with human rights and progressive views celebrated the public exposure of the religious leader.
According to Gustavo Badaró, Professor of Criminal Law at the University of Largo São Francisco (USP), this is a major mistake:
"It's ridiculous to see the left celebrating the arrest of a right-wing pastor... I publicly expressed my repudiation of the celebrations of José Dirceu's arrest. If Lula is ever arrested, there will be those who celebrate with fireworks and champagne! Not me. Prison is suffering, and I see no point in rejoicing in human suffering."