OAB asks Moraes so that Flávio can speak to Bolsonaro as a lawyer

On Monday (13), Moraes banned Flávio from visiting his father for 90 days after understanding that the senator failed to comply with the precautionary measure that prohibits the former president from using social networks, directly or through third parties, by publishing a letter from Bolsonaro over the weekend.

Flávio, who is a lawyer and has been registered with the former president's defense since March to have more access to him, contacted the National Prosecutor's Office for the Defense of OAB Prerogatives to maintain direct contact with Bolsonaro.

The measure is important because it allows the senator to coordinate his pre-candidacy decisions with his father. If it is not reversed, the term of the visit restriction imposed by Moraes will end on October 11th, that is, after the first round of elections, which will be held on October 4th.

In a letter to Moraes, the Order asks that "the possibility of personal and reserved communication between the lawyer and his constituent for strictly professional purposes" be ensured and under the terms that the minister deems necessary.

According to the OAB, the request does not make a value judgment on Moraes' decision, but only seeks to guarantee the professional prerogatives of lawyers, regardless of the people involved.

"This is a legal guarantee linked to the adequate practice of law and the effectiveness of the right to defense", it states in the document.

"In this case, the applicant [Flávio Bolsonaro] not only presents himself as a visitor or family member of the person in custody, but also as a registered lawyer. This legal condition requires that any restriction of a personal nature does not absolutely prevent the contact necessary for the performance of his professional activity", he adds.

Bolsonaro's written letter was read by Flávio during a broadcast on social media on Saturday (11) and also shared in a photo after a visit to his father, who is currently serving, at his home in Brasília, a sentence of 27 years and 3 months in prison for an attempted coup d'état.

When banning Flávio's visits, Moraes said that the senator used "expressions with a semantic load equivalent to an explicit request for a vote" and classified the conduct as an "instrument of political promotion".

The judge sent the decision to the attorney general, Paulo Gonet, and ordered the Public Electoral Ministry to determine whether the episode constitutes early electoral propaganda. He also demanded that Bolsonaro's lawyers speak out about the disobedience within 48 hours.

Live on social media on Monday night, Flávio had already stated that the OAB would "enter the circuit, because it is a non-negotiable prerogative that lawyers have access to their clients".

As a member of the former president's defense, the senator would have the option of visiting him on days and times designated for family members and lawyers.

In the document sent to the Order, Flávio Bolsonaro's pre-campaign lawyer Tracy Reinaldet argued that the suspension of visits was imposed in a generic way, did not consider the senator's professional performance and without prior notice.

The defense said that the measure could be interpreted as Bolsonaro's isolation during his stay at home. “This projects an image to the country that is incompatible with the Democratic Rule of Law,” he says.

The argument has been used by allies of the former president. Flávio's pre-campaign coordinator and leader of the opposition in the Senate, Rogério Marinho (PL-RN), for example, stated that the ban is an attempt to leave Bolsonaro incommunicado and a "clear interference in the political game".

As Folha de S.Paulo showed, Flávio's interlocutors claim that the electoral damage is evident, as it prevents the pre-candidate from discussing the campaign with his father, devising strategies and giving his opinion on decisions. But they see the ban being overturned because it violates democracy.

Among opponents, the interpretation is that Flávio forced Moraes' decision as a victimization strategy - a reading also shared by members of the centrão and allies of former first lady Michelle Bolsonaro (PL), who will now have even more exclusive access to her husband and is breaking up with her eldest stepson.

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