It indicated the former advisor to (Superior Electoral Court) on suspicion of violation of functional confidentiality involving information on procedures adopted in the minister’s office of the (Federal Supreme Court).
Tagliaferro, which denies any irregularity, was framed by the PF in Article 325 of the Penal Code, which deals with the crime of violation of functional confidentiality with damage to public administration, described as “revealing a fact that he is aware of the position and should remain secret, or facilitate his revelation.” The expected penalty is detention of six months to two years or a fine.
The indictment includes as aggravating the exercise of civil service, which provides for the increase of penalty in one third.
The inquiry was open, under confidential, after in August last year that the Moraes Office in the Supreme Court ordered, by messages and unofficially, the production of reports by the TSE to support decisions of the minister himself against pockets in the court in 2022.
At the time, the Moraes Office said in a statement that all the procedures reported in the report were “regular officials and are duly documented in the inquiries and investigations ongoing in the Supreme Court, with full participation of the Attorney General’s Office.”
By justifying tagliaferro indictment, the PF says in a report sent to the Supreme that “it is necessary to recall that the information disclosed was obtained while the agent occupied a function of confidence in the special advisory to confront the misinformation in the Superior Electoral Court.”
The report also states: “Thus, the messages revealed by the agent were raised during the period when he worked at the Electoral Court and should remain restricted to the interlocutors.”
Also according to the PF, the information would discredit the supreme and impartiality of its members and impair the continuation of investigations involving related criminal organizations.
“The purpose of advertising that information was to scratch the image of the STF minister, to question the impartiality in conducting the procedures mentioned in the Supreme Court and, finally, to raise further the country’s political-social scenario, so that investigations into criminal organizations did not follow the natural course,” the document says.
With the breach of the former advisor’s cell phone secrecy, the PF has led to the messages exchanged between him and his partner, Daniele Sousa Campos.
According to the document, on April 23, 2024, Tagliaferro tells Daniele having talked to Sheet. She asked if he “said bullshit.” And he says he said “the necessary” and “the truth”. “I said how the area worked. But I will not be identified,” he says, according to the transcription of the message.
The responsible investigator also states that the former advisor, when testimony, “was fully aware that he was the author of the unlawful disclosure of information to the press and not PC-SP [Polícia Civil de São Paulo]”.
Still, according to the PF, the investigated tried to shuffle the investigation by designing the responsibility of illicit acts on employees of the São Paulo State Public Security agency.
Tagliaferro’s cell phone and then sealed in May last year after he was arrested on suspicion of domestic violence.
According to former advisor’s lawyer Eduardo Kuntz, with ladies and drum problems. So, he broke out of him and bought a new one.
The former advisor denies having committed any irregularity. His defense said that “he categorically reiterates that he was not responsible for the alleged leak.”
“We hope that the Attorney General’s Office can verify the fragility of the investigation and do not welcome the lessons contained in the police report.”
Last August, Moraes himself opened an investigation to investigate the dissemination of messages between his office advisors and former TSE-auxiliary.
The rapporteur went to Moraes because the inquiry was treated in the process as if related to the fake news.
Also in August last year, Tagliaferro’s defense asked the Supreme Court to be declared prevented from acting in the case. The argument was that the magistrate ordered the opening of an investigation by the Federal Police without submitting the decision to the president of the Supreme or the PGR (Attorney General of the Republic).
Since then, according to the defense, the minister has been adopting questionable stance, such as the “abusive search and seizure order” against Tagliaferro.
