‎Brazil News

MP investigates whether a post on Instagram by lawyers constituted a breach of a precautionary measure.

From the Editors

 

Friday, November 29, 2024

 

On Thursday, the 28th, influencer and former BBB Nego Di  (Dilson Alves da Silva Neto), was granted provisional freedom by an injunction from Minister Reynaldo Soares da Fonseca, of the STJ. He had been arrested on suspicion of participating in a virtual raffle fraud.

 

However, a twist of fate could lead him back to prison. The hypothesis was raised by the MP/RS, after the defense lawyers of the former BBB, Tatiana Borsa and Camila Kersch, published a photo with Nego Di on their Instagram accounts.

 

The prosecutor's office questions whether the publication constitutes non-compliance with one of the precautionary measures imposed, which prohibit the influencer from using social media until the merits of his HC are judged. 

 

Other precautionary measures imposed were periodic appearances in court, a ban on changing address without judicial authorization and the retention of the passport. 

 

The post

 

In the image published by the lawyers, Nego Di appears next to them, smiling. The photo contains the caption How we waited to post this portrait. 

 

Tatiana Borsa told the newspaper O Globo that she saw no problem with the publication, as it was made on her own profile, not on Nego Di's account.

 

Even so, the photo was deleted some time later. 

 

Lawyers  posted a photo on Instagram with Nego Di after his provisional release. (Image: Reproduction/Instagram)

Third party publication

 

For the lawyer specializing in Digital Law  Luiz Augusto D'Urso , from the law firm D'Urso e Borges Advogados Associados , Nego Di did not violate the ban on using social media, one of the conditions imposed for his provisional release. The post was made on his lawyers' social media, and was not made directly by him , he explained.

 

D'Urso highlighted that, in similar situations, it is up to the judge to assess whether the person under investigation is using third-party networks to express themselves or circumvent the court order.  That does not seem to be the case here. He only appears in a video published by the lawyers, with no evidence that he used the space to express himself or circumvent the court order , he concluded.

 

Video

 

The lawyers also published a video of the moment the influencer was released. Despite the insistent questions from the press that accompanied his release, the influencer remained silent.

 

The complaint

 

Nego Di was arrested on 7/17 after an investigation by the Public Prosecutor's Office for alleged fraud in a virtual raffle promoted by the former BBB whose prize would be a Porsche valued at half a million. 

 

He was reported for fraud, money laundering and use of false documents.

 

The influencer's lawyers, in a statement released to the press, state that they will prove his innocence, demonstrating the legality of Nego Di's assets.

 

 link: https://www.migalhas.com.br/quentes/420745/nego-di-pode-ser-preso-apos-post-de-advogadas-especialista-responde