OAB questions questions constitutionality of Rio vandalism committee

July 27, 2013
Print Friendly, PDF & Email

The protests in Brazil have created a volatile landscape and a number of different crimes are on the rise through the country. This is the biggest issue in Brazil since the political unrest that stirred from the resignation of President Fernando Collor in 1992.

As with any large scale social demonstration, one of those incidents is the level of vandalism in Rio. To help combat this, a new commission was proposed that would investigate these specific crimes, however, questions are being raised about its constitutionality.

The original version of the Act was revoked on July 22 and a new version was enacted on the grounds that its constitutionality was dubious. Now, members of the Brazilian Bar Association (OAB) hold that the new act is still unconstitutional.

According to Ronaldo Cramer, the vice-president of the OAB in Rio, only the Federal Government can set up a commission with investigative powers. On top of that, the Act is not in accordance with Article 5 of the Federal Constitution, based on the grounds that the commission has the ability to access data and personal information without judicial consent throughout the course of any investigation.

The State Government of Rio de Janeiro responded to the concerns. In a statement, a spokesman said it takes all the remarks by the OAB in the course of drafting the latest version of the Act. However, some jurists have expressed that the changes made are not enough to solve the issues and further action should be taken.

Comments

comments

Comments are closed.