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February 21, 2022
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Illegal eavesdropping; case goes to trial

Illegal eavesdropping;  case goes to trial

Last Wednesday, February 16, after the preliminary hearing of the case involving the Brazilian citizen Isaura Sanches Freitas for alleged acts of international drug trafficking, the Court decided to elevate it to an oral trial.

The case became public, after the Prosecutor’s Office, represented by the prosecutors; Ysaac Ferreira, Fabiola Molas Alcaraz, Eduardo Royg and Deny Yoon Pak, will present as evidence, “wiretaps” obtained illegally by the Brazilian Federal Police.
These are screenshots of conversations that Sanches had with his then sentimental partner Robson Alcaraz Ajala.

DEFENDING
Isaura Sanches Freitas is being accused of the punishable act of criminal association and money laundering in the operation “Status” case initiated in Brazil in 2018 and in Paraguay in 2020.

She was charged because she was the substitute trustee of Grupo Factor SA The Public Ministry affirms that this company belongs to the “Clan Morínigo” prosecuted in the “Status” operation in Brazil and that they currently enjoy their freedoms. What is striking is that the shareholders, owners and directors of the Factor SA company were not charged, much less deprived of their liberties.

Edgar Arias, defense attorney, lamented the predisposition that exists on the part of the court to benefit the Prosecutor’s Office.

“All the evidence that was obtained irregularly and that was challenged by the defense, the court received. However, the defense evidence was not admitted by the defense in violation of equality before the law,” he stated.

He questioned the Court for not arguing with reasons, the rejections of the evidence presented by the defense.

“They limited themselves to saying that they opposed all the evidence offered, such as the incidents of evidentiary exclusion, incidents of annulment of proceedings, incidents of changes in qualification presented by the defense and others,” he stated.
He explained that the judge asked the prosecutors if the telematic interceptions were obtained legally or not, to which the prosecutors argued that, if they are legal, since they do not need judicial authorization.

“The Brazilian Constitution says that telematic interceptions are prohibited. The goods agreement that is ratified by Paraguay was violated. Null evidence of absolute nullity but the judge accepts them as if they were legal”, he questioned.

TELEPHONE “PUNCH”
In the accusation, the representatives of the Public Ministry presented screenshots of mobile phones, obtained from a “puncture” of the WhatsApp application.

One of those screenshots read the following message; “…love pays the ANDE bill for the site…”. It was a message from Isaura Sanches to Robson Alcaraz Ajala at the time.

“Through this message, the Public Ministry affirms that she is part of organized crime, knowing that article 33 of the Procedural Code clearly states: individual punishment. Each participant in the act will be punished according to his blameworthiness, regardless of the blameworthiness of the others”, the lawyer finally questioned.

Edgar Arias, lawyer.



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