Within the scope of the Supreme Federal Court (Supremo Tribunal Federal – STF), Fernando Fernandes Advogados has made several relevant contributions to the criminal case law of the Court, notably: the first precedent declaring the illegality of criminal evidence arising from environmental recordings (2001); the annulment of criminal proceedings against a mayor for unconstitutionality in maintaining privileged jurisdiction of a former public official (2006); the right of access by a lawyer to the confidential files of an investigation conducted by the Public Prosecutor’s Office (2006), one of the precedents that led to the amending of the Binding Precedent 14; the rejection of an extradition request for lack of description of the criminal conduct allegedly perpetrated by the extradited party (2007); and the staying of a money laundering proceeding due to the lack of a legal definition for the previous imputed crime (2013).
In the sphere of the Superior Court of Appeals (Superior Tribunal de Justiça – STJ), several success stories of Fernando Fernandes Advogados have become prominent cases in criminal matters, with emphasis on: the impossibility of imputing the financial crime of negligent bank management when no description of the management actions exist (2005); one of the first precedents declaring the illegality of criminal evidence arising from telephone tapping to investigate a tax crime when the definitive establishment of the tax in the administrative sphere is absent (2006); the impossibility of equating, for criminal purposes, an individual to a public official before the issuance of a criminal rule regulating the topic (2009); the main precedent declaring the illegality of criminal evidence obtained in a search and seizure operation carried out in a law firm (2010); the lack of a legal definition in the imposition of a crime of misdemeanor when the definitive establishment of the tax in the administrative sphere is absent (2010); the illegality of criminal evidence produced against parliamentarians when an offense against privilege of jurisdiction has been committed (2010); and the first precedent declaring the illegality of communication interceptions by “breaking the chain of custody of the evidence” (2014).
In addition to these contributions to the Higher Courts, many others were obtained in trial courts and courts across the country, which have led to a quick legal solution for the criminal matters of our clients. The practice obtained, for example, a relevant precedent declaring the lack of a legal definition in imputations filed against one of the senior international executives of the World Cup Brazil 2014 event.
Over the years, Fernando Fernandes Advogados has specialized in dealing with cases arising from major police operations, which have invariably led to serious crises for local and international companies. Within this scenario, we consider it of utmost importance to quickly identify and assess the problem and make decisions in order to protect people’s freedom of movement and assets, as well as ensure the assets and smooth operation of all companies involved.