ADI against SDE's power to inspect

The National Confederation of the Industries (CNI) has filed an ADI (Direct Action of Inconstitutionality) before the Supreme Court (STF) this week questioning the articles 26-A and 35 of Law 8884 (Brazil's antitrust act). CNI believes that the power to inspect officies and facilities without a judicial order given by article 35 is inconstitucional. They also consider against the constitution the fact that article 26-A imposes a fine to companies and individuals that deny access to their offices and facilities. That would be afecting the garantee of non auto-incrimination.
The inspection does not demand a judicial order but has to be warned 24 hours before it begins (while the judicial dawnraid is unexpected).
The reporting Justice is Ayres Brito.

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