A Constituição e a democracia não toleram inquéritos sem fim no STF

Por


Por Danniel Alves Costa | Presidente da OAB/SE

A história do Estado Democrático de Direito no Brasil não se escreve com casuísmos, mas com a observância rigorosa da Constituição. Neste domingo, 22.02, em reunião conjunta do Conselho Federal da OAB com o Colégio de Presidentes de Seccionais, reafirmamos um compromisso do qual a advocacia não abrirá mão: defender as garantias fundamentais contra qualquer tentativa de transformar o excepcional em regra, inclusive no âmbito do Supremo Tribunal Federal.

O papel histórico da OAB não é comentar casos concretos, mas atuar como Guardiã da Constituição. Por isso, nossa postura exige distanciamento de personalismos e foco na preservação do devido processo legal, da transparência dos atos jurisdicionais e da indispensabilidade da advocacia à administração da Justiça. Medidas como a tentativa de lacração de celulares de advogados e jornalistas em tribunais não são fatos isolados: são sinais de um desequilíbrio institucional que preocupa.

Hoje, o ponto mais sensível para a segurança jurídica está na manutenção de procedimentos investigatórios de natureza expansiva e duração indefinida. Por essa razão, dirigimo-nos ao Supremo Tribunal Federal para requerer o encerramento de investigações que já ultrapassam sete anos, em especial o Inquérito n.º 4.781. A elasticidade excessiva do objeto investigado, com inclusão sucessiva de fatos e pessoas, desvirtua a finalidade constitucional do inquérito e projeta para a sociedade a imagem de um campo investigativo sem limites claros.

Esse debate vai além da técnica processual. Ele toca o núcleo do devido processo legal em sua dimensão substancial: a Constituição não protege apenas formas, mas impõe limites materiais à atuação estatal. Investigações devem ter objeto definido, contornos precisos e duração razoável. Quando instrumentos excepcionais passam a ser utilizados, direta ou indiretamente, para escrutinar manifestações públicas e opiniões críticas, cria-se um efeito inibidor incompatível com a liberdade de expressão e com o pluralismo democrático.

A OAB Sergipe, em alinhamento total com a Diretoria Nacional, reafirma que nenhum poder é absoluto ou imune ao escrutínio da sociedade. Medidas de força podem gerar aplausos circunstanciais, mas, a médio e longo prazo, corroem a confiança social e fragilizam os pilares democráticos. Proteger as garantias processuais não significa blindar indivíduos; significa preservar o ambiente institucional de liberdade e responsabilidade em que atuam a advocacia, a imprensa e todas as vozes da sociedade civil.

O momento exige contenção e retorno à legalidade estrita. A advocacia não pode atuar sob permanente incerteza quanto aos limites da atuação estatal. Onde houver violação às garantias da classe, haverá resistência. Porque, em última instância, não se trata apenas de um inquérito: trata-se da essência do nosso regime democrático, que precisa ser preservado e fortalecido, nunca prolongado sob a sombra de medidas excepcionais sem fim.

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Site Desenvolvido por Tec Capital