Zanin: Violation of Marisa Letícia's rights warrants reparations.
Lawyer Cristiano Zanin Martins, representing former President Luiz Inácio Lula da Silva and his family, published an article demanding action and reparations for the rights violations suffered by former First Lady Marisa Letícia, such as the recording and release of a telephone conversation between her and one of her sons, and the disclosure of confidential medical data; "The death of former First Lady Marisa Letícia Lula da Silva, on the 3rd of this month, does not erase two violations that affected her dignity and fundamental rights."
247 - Lawyer Cristiano Zanin Martins, representing former President Luiz Inácio Lula da Silva and his family, published an article emphasizing that reparations are still needed in light of the rights violations suffered by former First Lady Marisa Letícia, such as the recording and dissemination of a telephone conversation between her and one of her sons, and the disclosure of confidential medical data; "The death of former First Lady Marisa Letícia Lula da Silva, on the 3rd of this month, does not erase two violations that affected her dignity and fundamental rights."
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The first stems from a decision issued on March 16 of last year, when the judge of the 13th Federal Criminal Court of Curitiba authorized the lifting of the confidentiality of a private telephone conversation she had with one of her sons - unrelated to the ongoing investigation.
The other violation occurred when she suffered a stroke on January 24th of this year. Doctors involved in her treatment decided to make public an examination in a WhatsApp group, in which another member advocated suggestions to hasten the patient's death.
It is striking that, although both events demonstrate unjustifiable violations of Marisa's fundamental rights, only the second has been the subject of measures aimed at holding those involved accountable.
In fact, after the incident, the Syrian-Lebanese Hospital, where the improper leak (or part of it) occurred, took the measures it deemed appropriate in relation to a doctor who was allegedly involved in the events.
The Cremesp (Regional Council of Medicine of São Paulo) has opened investigations to identify and punish the doctors involved. The results of the investigation will also be forwarded to the Public Prosecutor's Office and the police, should the council find that the conduct could, in theory, constitute a crime.
The public official involved in leaking Marisa's phone conversation was not even the subject of an investigation.
Indeed, the internal affairs division of the Federal Regional Court of the 4th Region (TRF4) dismissed a complaint against the judge who authorized the release of the private material. The decision was upheld, by a vote of 13 to 1, by the highest court.
In its reasoning, the court stated that Operation Lava Jato was not subject to "general rules," that is, to the law, which formalizes the very state of exception.
Similarly, the National Council of Justice (CNJ) did not open any investigation to examine the conduct of the magistrate who authorized the disclosure of the private telephone conversation, despite having received numerous complaints.
The Attorney General's Office, in turn, received on 6/16/2016 a representation also signed by Marisa requesting measures to investigate a possible crime of abuse of authority (Law No. 4.898/65), in addition to that provided for in Article 10 of Law No. 9.296/96 - which defines as a crime, in theory, the lifting of the confidentiality of material resulting from telephone interception.
But the highest body of the Federal Public Prosecutor's Office also took no action, as documented in a notarial deed that enjoys public faith.
Only the judgment of a subsidiary criminal complaint by the TRF4 remains pending, given the aforementioned inaction of the Federal Public Prosecutor's Office.
If the appeal is rejected, despite the relevant grounds supporting it, the affront to the legal system and to Marisa's dignity will go without any legal consequence. Not even the impartiality of the judge responsible for the alleged violations has been acknowledged.
Marisa did not have the opportunity to see the outcome of any measures taken in relation to the violations imposed upon her, and was also subjected, without any minimal evidence, to the status of defendant by the same judicial body responsible for her undue exposure.
His memory compels reflection on this moment and a historical judgment capable of reviewing all these incongruities and the disrespect for the law and the rule of law.