Projeto regula casos em que identidade de denunciantes poderá ser confidencial

Aguarda escolha de relator no Senado o projeto de lei que cria o instrumento da medida excepcional de reserva da identidade de testemunhas. Do senador Alessandro Vieira (Cidadania-SE), o PL 4.805/2020 tem objetivo de criar medidas mais eficientes de proteção a testemunhas que denunciem atos ilegais de interesse público e que, por isso, possam ter a integridade física ameaçada.

De acordo com o projeto, a medida poderá ser usada por testemunhas ou denunciantes de atos ilícitos de interesse público, de natureza cível ou criminal, que possam sofrer riscos sérios e concretos à sua vida ou sua integridade física, ou de seus familiares. Poderá ser pedida confidencialidade de sua identidade, paradeiro e dados pessoais.

À autoridade judicial será permitido conhecer a identidade do informante, para que possa “observar o seu comportamento e fiabilidade”. O réu ou seu advogado poderão questionar a testemunha indiretamente.

O texto também determina que o depoimento não será o único ou decisivo fundamento pela eventual condenação do acusado, tendo que ser analisado em conjunto com o acervo probatório e as objeções da defesa.

Para criar a reserva da identidade das testemunhas, o projeto insere novos parágrafos na lei de proteção às testemunhas (Lei 9.807, de 1999), no Código de Processo Civil (CPC-Lei 13.105, de 2015) e na lei dos servidores públicos (Lei 8.112, de 1990).

Na justificação do projeto, Alessandro Vieira afirma que o projeto foi inspirado em legislação europeia sobre os chamados agentes whistleblowers (assopradores de apito), que têm salvaguarda sobre a confidencialidade da identidade durante o processo de denúncia e dos inquéritos. Para o senador, o novo instrumento poderá ajudar na detecção de atos ilícitos de interesse público que comumente permanecem ocultos.

Agência Senado (Reprodução autorizada mediante citação da Agência Senado)

Fonte: http://www12.senado.gov.br/noticias/noticias/materias/2020/10/08/projeto-regula-casos-em-que-identidade-de-denunciantes-podera-ser-confidencial
Todas as informações contidas nesta página são de responsabilidade do seu criador.

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