Authorized by law — by items VI to IX of article 22 of Complementary Law 64/1990. The magistrate also said that it is the magistrate's duty, in light of the evidence produced up to the hearing, to assess whether there are necessary steps to resolve the controversy. And that such elements are always submitted to adversarial proceedings, with manifestations from the parties and the possibility, even, of requesting new evidence. He also denied that the request opened the door for the Lula government to act to the detriment of Bolsonaro in the TSE. This is because the request is the usual means by which public bodies share documents that are in their possession with each other. It is something that must be done using complete, authentic and reliable information. One possibility is that such documents do not exist. What exists will be submitted to adversarial proceedings, in which the parties will be able to indicate the value that should be given to the information.
The narrative dispute, assured Minister Benedito, will be ensured, and the biases presented can be challenged. "It is simply inappropriate to interpret a common court order, for the compilation of documents, as a guarantee for the commission of illegalities of the severity described", stated the rapporteur. "It is certain that all these speculations regarding supposed illegal behavior are useless for the purpose of obst Vietnam WhatsApp Number ructing the production of evidence. At an appropriate time, the defendants will have the opportunity to express themselves regarding the result of the investigation and, if they so understand, the view of what is specifically referred to this court, and not based on conclusions, may indicate deficiency, incompleteness or even serious irregularities in compliance with the measure", added the minister. Antonio Augusto/Secom/TSE In the TSE's judgment on the inclusion of the "coup draft", lawyers for the parties were unable to speak orally Antonio Augusto/Secom/TSE Threat and oral argument The climate of procedural rivalry between Bolsonaro and TSE was also caused by two other factors.
The first of these was a warning from Minister Benedito Gonçalves, who highlighted that any requests for proof of a delaying nature would result in a fine for litigation in bad faith. For the defense, a "tone of true threat to the parties" was used, which caused offense to the legitimate practice of law. However, according to Minister Benedito, in the current CPC system, prior warning is far from being a threat: it is a consequence of the principles of cooperation and non-surprise, and, in some situations, even the duty of the magistrate. "The description of conduct in theory capable of generating procedural sanctions allows the parties to guide their actions based on previous parameters, avoiding behaviors that differ from objective good faith", said the minister. He further explained that the notice denoted the rigor adopted in the action and served both the investigated party and the authors of the action.