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| Father José Eduardo de Oliveira e Silva in the confessional room of his parish. |
Miguel Vidigal, defense attorney for Father José Eduardo de Oliveira e Silva of the Diocese of Osasco (SP), stated yesterday (7th) in a public note that the priest’s deposition to the Federal Police (PF) proceeded “within the expected standards of civility.” However, Vidigal expressed concern over what he described as a breach of clerical confidentiality by the PF, which “caused shock and discontent” by extracting “conversations between the priest and parishioners or fellow clergy who regularly seek him out for spiritual guidance.”
Father José Eduardo’s deposition to the Federal Police took place yesterday as part of an investigation into suspects accused of planning a coup in Brazil. In February, the priest was targeted in a search and seizure operation authorized by Supreme Federal Court (STF) Justice Alexandre de Moraes. The priest was accused of being part of the "legal core" of this alleged plot, which also included former President Jair Bolsonaro (PL), his aides, allies, military personnel, and former government ministers.
| Alexandre de Moraes is the same judge who censored X and is targeting many people in Brazil. Elon Musk is waging a war for freedom and against Alexandre de Moraes' censorship. |
Concerning the breach of clerical confidentiality, Vidigal mentioned in his statement that such an outcome was feared from the moment it was known that investigators would unlock the priest's cell phone.
“It became evident that the Federal Police, having found no material linking him to the subject of the investigation, began to scrutinize conversations between the priest and parishioners or other clergy who seek spiritual guidance from him, taking statements out of context that had no connection to the investigation, in messages protected by Clerical Confidentiality,” the defense noted.
Vidigal described this breach as “an enormous precedent in our country that cannot be ignored,” emphasizing that “the secular state established by our laws ensures a complete separation between Church and State.” He also cited the international treaty “Brazil-Holy See Agreement,” adopted by Congress and turned into a decree by President Lula in February 2010, which guarantees in Article 13 the secrecy of clerical duties: “the secrecy of the clerical office, especially that of sacramental confession, is guaranteed.”
The Brazil-Holy See Agreement is a legal framework defining the legal status of the Catholic Church in Brazil and is to be “fully executed and adhered to,” as stipulated by Decree No. 7,107/2010. In 2026, diplomatic relations between Brazil and the Holy See will reach 200 years.
The defense underscored that, “in addition to the constitutional guarantee of religious freedom, there are numerous legal provisions that protect the priest and the parishioner in maintaining the absolute confidentiality of their conversations.”
Vidigal told ACI Digital that the legal office is currently studying “the appropriate legal measures to protect Father José Eduardo’s clerical confidentiality.”
He further expressed surprise at the Federal Police’s refusal to provide a copy of Father José Eduardo’s deposition, stating that this was “by order of Justice Alexandre de Moraes.” According to Vidigal, this measure violates Binding Precedent 14 of the STF: “The defense has the right, in the interest of the represented party, to broad access to the evidence already documented in an investigative procedure conducted by a competent judicial police body, that concerns the right to defense.”
The Federal Police, in response to ACI Digital, stated that it does not comment on depositions held within the institution.
(ACI Digital)
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