O Supremo Tribunal Federal (STF) retoma nesta sexta-feira (17) o julgamento sobre a legalidade de revistas íntimas realizadas nos presídios para evitar a entrada de drogas, armas e celulares.
O julgamento começou em 2016 e já foi suspenso outras vezes por diversos pedidos de vista. O placar da votação está 5 a 4 pela ilegalidade da revista íntima.
A análise do caso foi interrompida em maio deste ano por pedido de vista feito pelo ministro Cristiano Zanin.
A Corte julga recurso do Ministério Público para reverter a absolvição de uma mulher flagrada tentando entrar em um presídio de Porto Alegre com 96 gramas de maconha, que estavam enrolados em um preservativo e acondicionados na vagina.
Na primeira instância ela foi condenada, mas a Defensoria Pública recorreu ao Tribunal de Justiça do Rio Grande do Sul (TJRS), que a absolveu por entender que o procedimento de revista íntima foi ilegal.
Votos
Em 2020, o relator do caso, ministro Edson Fachin, votou pela ilegalidade da busca íntima. Fachin considerou que os funcionários das penitenciárias não podem fazer busca abusiva no corpo de amigos e parentes que vão visitar os presos por tratar-se de violação da intimidade.
O ministro sugeriu a adoção de procedimentos menos invasivos, como o uso de scanners corporais, raquetes de raio-x ou revista corporal superficial, evitando que os visitantes sejam obrigados a retirar a roupa ou terem suas partes íntimas inspecionadas.
O entendimento foi seguido pelos ministros Luís Roberto Barroso, Gilmar Mendes, Cármen Lúcia e Rosa Weber (aposentada).
Em seguida, Alexandre de Moraes abriu divergência e votou a favor da revista.
Moraes concordou que há um grande número de casos de revistas íntimas vexatórias. No entanto, considerou que a revista íntima não pode ser sempre definida como degradante, de forma automática e sem análise caso a caso, sob pena de colocar em risco a segurança dos presídios.
O voto foi seguido pelos ministros Dias Toffoli, Nunes Marques e André Mendonça.
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