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Judicial rulings in Brazil

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2026-08-16 13:16 UTC → 2026-08-17 17:28 UTC · added ~~removed~~

Recent judicial developments in Brazil have addressed diverse legal issues ranging from corporate governance to privacy and civil rights. In corporate and civil matters, the Superior Tribunal de Justiça (STJ) ruled that de facto partners may demand management accounting from company administrators regardless of formal registration. Additionally, the São Paulo Court of Justice (TJ-SP) mandated that the broadcaster SBT provide a right of reply for Deputy Erika Hilton following comments regarding her gender identity, stating that denying a person’s identity is an “unlawful act rather than an opinion.” In criminal law, the Rio de Janeiro Court of Justice (TJ-RJ) has issued rulings regarding the legality of data extraction from seized mobile phones. In a unanimous decision by the 7th Criminal Chamber, the court annulled the decision to breach the privacy and extract data from a phone seized from Jairo Souza Santos Júnior, known as Jairinho, at the Gericinó Complex. The court ruled that the 2nd Criminal Court lacked jurisdiction to authorize the measure, as authority over such matters during the provisional sentence execution phase belongs to the Criminal Execution Court. Following the discovery of the device on July 1, 2026, at the Pedrolino Werling de Oliveira prison, the court declared all previous data extractions or analyses based on the annulled authorization void. The device must be returned to the 34th Police Station in Bangu to preserve the chain of custody. While the ruling prohibits the use of the extracted data as evidence, it does not prevent the Public Prosecutor's Office from submitting a new, properly founded request to the competent court. The decision follows Jairinho’s 43-year sentence for the murder and torture of Henry Borel.

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