Proposed Brazilian Law Would Ban Intelligence Reports in Criminal Cases
2 sources · Brazil
Who reported this
- UOL
- Folha de S.Paulo
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- Centre-left
- Centre
- Centre-right
- Right
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A bill currently stalled in the Brazilian Senate since July seeks to prohibit the use of intelligence reports in criminal proceedings. The project, authored by Senator Nelsinho Trad, forbids intelligence agencies from conducting evidentiary diligences for the purpose of criminal prosecution. Senator Trad justified the proposal by stating that intelligence activities are intended to provide data for decision making processes, whereas criminal investigations are designed to identify the authorship and materiality of crimes.
If the law were already in effect, a Federal Police report used by Supreme Court Minister Alexandre de Moraes against Minister André Mendonça would be inadmissible in the inquiry. The proposal reflects concerns among intelligence professionals, including those at the Brazilian Intelligence Agency (Abin), who argue that intelligence work has been banalized. These officials contend that intelligence should be reserved for strategic cases such as sabotage, violent extremism, and external threats, and that such reports should remain strictly confidential rather than being used to produce evidence against individuals.
How each side framed it
- Centre-left
- The outlet presented the bill as a regulatory distinction between intelligence gathering and criminal investigation.
- Centre
- The outlet presented the bill as a regulatory distinction between intelligence gathering and criminal investigation.
Sources
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