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In Brazil, Police Overstep Court Order To Sieze Former President's Email
New submitter MythicalMan writes: During the search and seizure in the Lula Institute last Friday, [Brazil's] Federal Police threatened a computer technician with being taken under arrest, forcing him to give the administrator password of all email accounts @institutolula.org (hosted at Google). Such generic access was not granted by the court's mandate, which referred only to a few specific email accounts. See the information here (in Portuguese). The fact is worrying not only because of its illegality but also for its possible international repercussions, since Lula Institute corresponds with institutions, public figures and heads of state all around the world. Investigations of corruption in Brazil have been characterized by frequent leaks to the press and to opposition politicians who use them to attack the government of President Dilma Rousseff. The methods used by Brazilian prosecutors have been questioned not only by government supporters, but also by jurists, scholars and journalists.
FORA DILMA! LULA NA CADEIA!
I know that failure to read TFA is a thing, but you could at least read the summary where it says "generic access was not granted by the court's mandate, which referred only to a few specific email accounts."
In the U.S. it's called "due process of law".
The constitutional guarantee of due process of law, found in the Fifth and Fourteenth Amendments to the U.S. Constitution, prohibits all levels of government from arbitrarily or unfairly depriving individuals of their basic constitutional rights to life, liberty, and property.
http://legal-dictionary.thefreedictionary.com/Due+Process+of+Law
This country is, after all, a a banana republic, what else can anyone else expect ?
Dirty Harry would murder a hundred innocent bystanders to get that punk who thought he could get away.
Dirty Harry stretched what was permissible for a police detective to do under the law but he would have never murdered bystanders to get at one punk.
The article, written and hosted by instituto lula itself, should be taken with a grain of salt The institute is already under investigation because of massive cases corruption.
Also, someone leaked that the police would be seizing the institute, and they emptied it from most of its documents. Its like watergate in here, and the judge presiding the investigation has a lot of popular support because he is finally going for people which seemed to be untouchable in the past.
"life is a joke, and someone is laughing at me"
Such generic access was not granted by the court's mandate, which referred only to a few specific email accounts. See the information here (in Portuguese).
It's important to note that the source is from Instituto Lula itself, which is the one being investigated.
There are legal procedures which the institute itself make take if it believes it was illegal,
but it seems that they limited themselves merely to blog that. Why?
Look at the source cited by this post, it's their own website. Lula and his institute are known for trying to manipulate public opinion in every possible way, but I not even for a second thought they would end up spreading their s*** on Slashdot.
TFS puts a negative spin on the government's efforts investigate Brazil's broad corruption scandal, but the TFA's show overwhelming support by the Brazilian public and court systems:
"Many Brazilians believe that our existing legal system is poorly equipped to handle such massive illegality that is larger than the justice system itself," he said.
Crucially, Moro's [presiding Judge over the case] tactics have won the backing of higher courts in dealing with Brazil's biggest ever corruption scandal, in which a cartel of builders overcharged Petrobras for contracts, paying bribes to company directors and kickbacks to politicians.
Prosecutors have struck more than a dozen plea bargain deals and none of them have been denied by the Supreme Court, which has to approve testimony before it can be accepted as evidence.
This is such a huge corruption scandal that's gone on over a decade, Brazil is going to have to be very aggressive to clean the rot out of the system. Stories about "overreach" are coming from wealthy criminals who have hired reputation management/PR flacks feeding stories to gullible/corrupt journalists.
This is Brazil, not the US.
That's why I prefaced my comment with "In the U.S." However, the principle of due process of law should be a universal concept.
Dear too coward to show your name,
How exactly will Brazil hold the torch of freedom when its police can't follow a simple court order? When half the elected officers are pushing for an illegal impeachment so they can stop an investigation that threatens them? Where pretty most every media outlet wages a non-stop PR war against a single party so that their chosen ones (the ones always involved but never mentioned) stand a chance to win the next presidential elections?
Give me a break. Speaking ill of your country?
http://www.dieblinkenlights.com
I'm pretty sure Slashdot is a US site. From where did you get that EU thing?
http://www.dieblinkenlights.com
No. It was not sensitive government e-mails. Instituto Lula is an NGO.
http://www.dieblinkenlights.com
On the couch eating popcorn and giant amounts of Coca-cola, watching Trump eat your country by the fringes?
Donald Trump doesn't have the numbers to win the election, especially if he's getting less than 50% of the Republican votes. Something that Karl Rove pointed out in an Wall Street Journal op-ed this morning.
http://www.wsj.com/articles/the-polls-trump-hasnt-won-1457566355
"We are a great people destined to a bright future."
Yea, not when your own people can't be bothered to stand up to the blatant corruption.
Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
Depends on how "due process" works.
I.E What kind of information is seized and stored? What unspoken things do warrants grant?
Well, yes and no. There are scenes in Dirty Harry and Magnum Force where Harry shoots into a crowd of people "to get at one punk". It almost makes the scenes somewhat humorous. Of course, as long as he has 100% confidence in his aim, and belief that his bullets won't penetrate and hit a bystander, I guess it's OK, but it's not exactly ideal police procedure. But then, we're discussing a fictional character.
I'm especially thinking of one scene where some black guys (of course) are robbing a restaurant and Harry pulls his hand cannon and starts blowing away bad guys while civilians are running all around.
You are welcome on my lawn.
and I'm Brazilian - the traditional media here seems to hide facts from the public, treating manipulation of the "common opinion" as a business model...
:/
* Brazilian media is better described as an oligopoly : the National Constitution explicit forbids crossed property of TV, radio and newspaper (as common in other markets, ie, FCC make something like it in US...), but the media owners ignore that to the point it is a joke nowadays
What Brazil shows is that, despite having a size, population, and massive natural resources comparable to the US, politics and corruption vastly dominate the progress of a country, or lack thereof.
(-1: Post disagrees with my already-settled worldview) is not a valid mod option.
FYI: no wrongdoing investigated: he only got to be on testify on an investigated case (the "wrongdoing" was created by traditional media FUD...)
This is Brazil, not the US.
You are correct. Instead of "Due Process of Law", it is called "Devido Processo Legal", specifically stated in the 1988 Constitution, article 5, LIV, among others.
If you want, I can cite specific articles from the process law (Código de Processo Penal) that are also applicable.
morcego
There are scenes in Dirty Harry and Magnum Force where Harry shoots into a crowd of people "to get at one punk".
How many bystanders were "murdered" as the OP wrote? Dirty Harry had a reputation for recklessness. Murdering bystanders would have run him out of the department.
But then, we're discussing a fictional character.
Real life is stranger than fiction.
All nine people wounded during a dramatic confrontation between police and a gunman outside the Empire State Building were struck by bullets fired by the two officers, police said Saturday, citing ballistics evidence.
http://www.foxnews.com/us/2012/08/25/nypd-shooting-bystander-victims-hit-by-police-gunfire.html
it's consequence of an irresponsible an Brazillian traditional media media FUD...
* dear [brazilian, a think...] AC: you know that you are only spreading FUD, right?
I second this post (and I'm a Brazilian)
This summary is full of misinformation, and it's very biased. MythicalMan's previous submissions show how slanted he is about Brazilian politics.
The allegations of illegality mentioned in the summary are backed up by a link to the Instituto Lula's website itself, hardly a neutral, trustworthy party.
As to the Yahoo article, it has been grossly summarized, and also contains errors itself. There has been no detention without charges, only detentions before trial, as some of the accused have tried to leave the country and nearly all of them have the means to do so. Lula, for instance, wasn't put under arrest, he had refused the previous two requests to provide testimony, so they got a court order authorizing his forced deposition. He still had the constitutional right to remain silent, and was free to go after providing his testimony.
Why on earth is this kind of partisan crap being published on Slashdot?
Now the Brazilian police are going to see all the correspondence between me and that Brazilian swimsuit model that's been emailing me!
I've abandoned my search for truth; now I'm just looking for some useful delusions.
You do realize its a movie, right? Not real life?
Movie physics != Real Physics
In movies, people with gun shot wounds to the abdomen die in seconds or minutes instead of hours or days too ... but you don't care about that, eh?
You know aliens can't actually defy gravity like in independence day right?
I mean I could go on for days point out how movies don't actually represent reality, but its pretty silly of me to do so when the argument here is that a dude in a movie MIGHT have missed or the bullet MIGHT have went through the target to strike someone else and that makes him a murder ... even though we clearly see int he movie that no such thing happened.
So since we're just making up bullshit about fictional events, I'm the POTUS so step off bitch.
ITS A FUCKING MOVIE.
Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
Most of what is in the article has been invented without factual basis.
There is a huge politic crisis in this (irrelevant) and weird country sitting in one of the most corrupt regions in this world, South America.
Government is going down. Former corrupt president "Lula" and his congregates are going down. They are going to jail.
Brazil suffered an incommensurable heist supported by local ignorant people. Now the country is moving toward a violent crash
http://www.economist.com/news/leaders/21684779-disaster-looms-latin-americas-biggest-economy-brazils-fall
So the source is nothing more than a corrupt gang going down screaming... At least this damned country is doing something.
Nice attempt at a strawman (just kidding, it sucked); would it be safe to assume you're withthe Brazilian Federal Police? :)
Lula has been hiding evidence, lying through his teeth with plenty of evidence that he can't hide against his ridiculous claims, moving compromising documents to secret places, and otherwise doing everything he can to obstruct the law.
In the United States, he would be entitled to fair trial. No matter how corrupt someone appears to the public at large, you can't deny him a fair trail and turn him over to a blood-thirsty mob. As I pointed out to another commenter, people who fight corruption are often corrupted themselves once they get into power. Why? Because they're too busy shoving the process of law where it doesn't shine.
i for one would love to see due process being followed
but when the people being investigated are the one who control the due process, and you are dealing with stuff that is so fragile as digital data, due process becomes a luxury which you shouldn't expect to last
"life is a joke, and someone is laughing at me"
The problem is that, while votes will go non-Trump as people drop out of the race, it's too little, too late. Hillary Clinton will be the next president. If either Cruz or Rubio would just accept a VP role and drop out, Trump would already be gone. Back on subject, with my wife being from Brazil, from what I hear, stuff like this is par for course, and their tax system is almost as convoluted and ridiculous as ours.
Stupid sexy Flanders.
Dear AC,
I (and no one else, I think...) can't take your arguing seriously, since you are not brave enough to identify yourself - all I can do is warn others that you are trying to spread FUD...
sincerely yours
gun shot wounds to the abdomen die in seconds or minutes instead of hours or days
Well not all movies .
That said too many people seem to believe that getting shot is instant death and that you go flying backwards when shot. Having shot a number of deer (thankfully all clean good shots) and also helped track down a few of my cousin's (he unfortunately has gut shot a couple), I have see deer run for miles for the better part of a day, as well as get shot through the heart, then hear the shot, run, and then tip over dead after 10-20 meters. I haven't ever dropped one but both my uncle and cousin have, but in those cases we were hunting in southern Minnesota with 12 gauge slug guns.
Time to offend someone
Kind of like the National Socialists.
APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
Dear [new?] AC,
Again, a must say you are spreading FUD (if not, why the fear by posting as AC, in this case?)
* if you, at least, lived here (and see the "facts" that the press/media build, everyday), your opinion can have some relevance [but, it's not the case, non-Brazilian AC...]
Well, of course. I even said as much ("But then, we're discussing a fictional character.")
You are welcome on my lawn.
His numbers are better than _ANY_ of the Republicans he is running against.
He's getting 35% to 45% of the votes per primary election, which means approximately two-thirds to one-half of Republican voters didn't vote for him. The question becomes will they vote for him as the nominee, if he gets the nomination since he won't have enough delegates to declare an outright victory. Republican voters are notorious for staying him on election day if their favorite candidate doesn't get the nomination. If a large portion of Republican voters stay home, the White House and the Senate will go Democratic.
I think you need to stop and consider what you spout before you spout, because you look like a fucking idiot [...]
This is Slashdot. You must be new around here.
"Go Romney", right you twat?
With the 2016 electoral map identical to the 2012 electoral map, Trump will have to do better than Romney. Since Trump already pissed off the minority and independent voters he needs to win the general election, he has to win 70% of the white male vote (see link below). Reagan and Bush I got 67%, Bush II and Romney won 63%, and no Republican has ever won 70%. In short, he's screwed the Republican Party.
http://www.politico.com/magazine/story/2016/03/donald-trump-needs-7-of-10-white-guys-213699
I'll bet both of those cops had seen Dirty Harry.
You are welcome on my lawn.
This post is clearly biased. Brazil has no effective privacy laws. The law "Marco Civil da Internet" allows the police to request the access but doesn't impose the form. The police process is legit according to brazilian laws. The former President is being accused of several crimes, as well the current President is the process of, that means she may be involved in bribery, money laundry, etc. Impeachment is legit in Brazil, and it will appreciated in the lower chamber very soon.
I'll bet both of those cops had seen Dirty Harry.
Nah, "The Guantlet," where the house gets shot to pieces.
https://www.youtube.com/watch?v=ht4PfYkJjoc
which one?
:/ (besides that, how can I assume was the same AC that made the posts?)
* posting as AC makes you can't receive notifications on reply, making any kind of dialogue difficult
Anyone rooting for Hillary should really look at Brazil and consider what a criminal in the presidency could do to our country.
George W. and the Great Recession was a good example that. None of the Wall Street bankers went to prison for cratering the economy. The only person who got charged was a Russian programmer who took home modifications he made to open source software that Goldman Sach claimed were proprietary.
http://www.vanityfair.com/news/2013/09/michael-lewis-goldman-sachs-programmer
I have respect for someone who knows his Clint Eastwood movies.
You are welcome on my lawn.
George W. and the Great Recession was a good example that
You mean the great recession caused by a deregulation that Bill Clinton signed into law?
https://en.wikipedia.org/wiki/...
Funny how Bill Clinton's mistake cratered our economy once, but his wife would make a GREAT president :)
APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
You mean the great recession caused by a deregulation that Bill Clinton signed into law?
I do blame Bill Clinton for repealing the Glass-Steagall Act, and for the Dot Com Bust that came after he left office. But the Great Recession happened during George W.'s time in office.
But, the Glass-Steagall act legalized the behavior which caused the Great Recession. But, the Great Recession occurred after Bush's time in office, so you could blame Obama with the same reasoning you are using to blame Bush, so I guess I should ask why you feel the Bush caused the Recession?
APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
I guess I should ask why you feel the Bush caused the Recession?
George W. should have replaced Fed Chairman Alan Greenspan. Low interest rates inflated the real estate and debt bubbles while Greenspan looked away, ignored the danger signals from the economy and resisted reforms to regulate the markets.
But, the Great Recession occurred after Bush's time in office [...]
The Great Recession ended five months into Obama's first term in June 2009, when his administration was still getting started and supporting George W.'s policies. The Great Recession got started in 2007, not on January 20, 2009 as some people believe.
[...] so you could blame Obama with the same reasoning you are using to blame Bush [...]
I give Obama credit for a seven-year-old Wall Street bull market.
http://blogs.wsj.com/moneybeat/2016/03/09/the-bull-market-is-seven-years-old-why-arent-people-more-excited/
Exactly. As a Brazilian, Paulista and Paulistano I also second this.
I find strange that: 1) corruption in Brazil, for these people, has just begun on January 1st, 2003 (when PT started their government) and 2) the corrupt people only are on PT and not on PSDB/DEM/name your right-wing party. Meanwhile, here on Sao Paulo state (where the same political group holds the power since 1982), we got massive corruption schemas that were never investigated: the Alston train affair, the irresponsible water management of Sao Paulo's metro area (look for "draught" and "Cantareira") and, last but not least, the case of school meals ("merenda") affair, where the food for the classmates has been sent everywhere but state schools. Mind you, the food that should had been sent to schools has been found at a deposit on a barbecue restaurant of Jundiaí (a city ~50 km from Sao Paulo).
Moreover, the opponent of the right-wing coalition which lost the presidential elections in 2014 has also been denounced on the very same operation that is targeting Lula nowadays not less than 5 times by 5 different people, and absolutely nothing has been done against him. He has also his share of scandals to be investigated - for example, an airport built besides his farm with state money - but the media just does not give a fsck about it. Dilma's government is mediocre at best, but Aecio and his party (PSDB) have been very keen on putting out the fire with gasoline.
--------
Fighting the herd since 1985.
I do blame Bill Clinton for (...) the Dot Com Bust that came after he left office.
That was because Al Gore, inventor of the Information Superhighway, left with him. No wonder it blew up!
*ducks*
When the copyright term is "forever minus a day", live every day like it's the last.
(sorry by posting AC: the slashdot mobile site is not very user friendly :P)
You know that there's two cities named "Rio Claro", in Brazil, right? One in São Paulo state and other in Rio de Janeiro state (confusing, huh?)
They're going after the most powerful people in the country. People who have corrupted and subverted all the systems of governance, including justice. Prosecutorial excess may be the only way to overcome the power and influence of the targets. And they have managed to take down people previously thought untouchable, like the international construction mogul that just got a lengthy prison sentence.
So, your assertion is that the recession is not still ongoing? You do realize that incomes have been flat for like 10 years, and there are still many people out of work. Wall street making money does not end the pain for the rest of the country.
APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
(confusing, huh?)
According to the U.S. Geological Survey there are currently 34 populated places in 25 states named Springfield throughout the United States, including five in Wisconsin; additionally, there are at least 36 Springfield Townships, including 11 in Ohio. ;)
"If you have nothing to hide, you have nothing to fear." - Every fascist, ever
So, your assertion is that the recession is not still ongoing?
The recession has been over since June 2009. The consequences of the recession is still being worked today and will be felt for the next 20 years. And then reality will set in when people realizes that retired baby boomers outnumbers working people, Social Security and Medicare will consume two-thirds of the federal budget, and taxes will have to go up-up-up to pay for everything else. Politicians been kicking this can down the road since Ronald Reagan became president.
You do realize that incomes have been flat for like 10 years [...]
You do realize that inflation is below normal levels? Wage growth follows inflation.
[...] and there are still many people out of work later this year.
According to the employment numbers, the slack is disappearing as employers hire more people but the unemployment number stays consistent at 4.9%. If this trend continues, inflation should normalize at 2% and wage growth spike upward.
Wall street making money does not end the pain for the rest of the country.
I love Wall Street. The stockbrokers look at the global economy, worry about the US entering another recession and send the market into a dizzy. Meanwhile, I'm buying up shares in my favorite dividend-paying stocks with solid fundamentals at historically low prices.
I can defy gravity. It doesn't do me any good, since gravity wins anyway, but I can defy it. "Do your worst, Gravity!" as the pen drops to the desk surface.
"When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes