Tried in 2017 in what became known as the “Cardinal case”, Paul Pereira Cristobalo reportedly asked his collaborator Rui Martins to travel to Funchal, where the former assistant referee Jose Cardinal was found guilty of two counts of corruption after €2,000 was deposited in his account and subsequently accused of being bribed ahead of a match between 2011 and 2012 against former sports vice-president Maritimo , one count of unlawful access and one count of defamation, sentenced to four years of probation, as well as imprisonment means and the payment of 25,000 euros to the former arbitrator, hoping to have the verdict set aside under the Constitutional Court declaring the metadata law unconstitutional.
According to Público, the appeal, which entered the Lisbon District Judicial Court on Friday, emphasized that “the appellant was convicted on the basis of detailed bills and cell locations” — that is, metadata.
“Without recourse to that evidence, the sentence on appeal would not have upheld convictions based on facts based on versions put forward by those who proved implausible. [Rui Martins, autor material confesso do depósito na conta do árbitro, que foi depois testemunha da acusação]”, read the file.
On appeal, Pereira Cristóvão justified the decision, arguing that “modification of the final judgment is acceptable when the Constitutional Court declares unconstitutional content norms that are unfavorable to the accused. scrutiny of judgments is a constitutional consequence”.
“After being unjustly convicted in 2016 as the author of something for which I was not criminally responsible, I see in 2022 that, in addition to the statement of the author of the confession material, the essential matters of my conviction are based on prohibited evidence, It is legally impossible to use for any investigation, let alone convict the accused in the process,” the former Lions leader told the paper.
This is the first known appeal based on the constitutionality of the metadata law declared by the Constitutional Court in April to be unconstitutional.
In its April 19 ruling, the court declared unconstitutional the rules of the metadata law that determine that telephone and internet service providers must transfer data related to customer communications (including source, destination, date and time, device type and location) ) is reserved for a period of one year and is ultimately used for criminal investigations.
After Ombudsman Maria Lucia Amaral filed a request for a universally binding declaration of unconstitutionality, the court found the rules violated principles enshrined in the constitution, such as the right to preserve private and family life and the prohibition of visitation. Personal data of third parties, except in exceptional circumstances, noting that “the legislator has not provided for the necessity of storing the data within the EU”.
However, the President of the Republic, Marcelo Rebelo de Sousa, announced that he would ask the Constitutional Court to conduct a preventive check on the new law on the terms and conditions for storing communication metadata.