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Justice Cristiano Zanin rules on lawyer monitoring and internet data access
Supreme Court Justice Cristiano Zanin has issued two significant rulings regarding judicial oversight and investigative measures in Brazil.
In the context of Operação Sisamnes—an investigation into a scheme involving the sale of judicial sentences—Zanin ordered the removal of the electronic monitoring ankle bracelet from lawyer Flaviano Taques. The decision cited the excessive duration of the investigation, noting that Taques had been under monitoring and movement restrictions since November 2024 without a formal indictment. The defense argued the measure had become disproportionate given the lack of evidence regarding flight risk or interference with the probe.
Separately, Zanin voted to uphold the requirement for a judicial order before internet service providers can share connection logs, such as IP addresses, with authorities. This ruling, related to the Marco Civil da Internet, aims to protect user privacy and informational self-determination. While Zanin proposed an exception for extreme emergencies involving imminent threats to life or liberty, the general rule remains that identifying users through the correlation of registration data and connection logs requires prior judicial authorization.
Entities
Cristiano Zanin · Flaviano Taques · Operação Sisamnes · Superior Tribunal de Justiça · Supremo Tribunal Federal