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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