Minister reverses decision of the 1st instance of the Federal Court and reinforces jurisprudence inaugurated by the STF in 2019
The Minister of the Supreme Court (STF) Flávio Dino restored this 3rd (17.Jun.2025) the validity of a report of the Coaf (Financial Activities Control Council) about investigations of possible undue discount fraud of the INSS (National Institute of Social Security) in São Paulo territory.
On June 6, Judge Massimo Palazzolo, head of the 4th Federal Criminal Court of São Paulo, had invalidated a RIF (Financial Intelligence Report) because the material had been produced without judicial authorization, only from a request from the PF (Federal Police).
The PGR (Attorney General’s Office) contested the decision of the 1st instance. He argued that she contradicted the jurisprudence established by the STF in 2019, according to which reports of this nature “can be shared with investigative bodies without judicial authorization“The argument was accepted by Minister Flávio Dino.
Dino emphasized that there was already an ongoing investigation when the RIF request was done by the PF, which is why it was not a “Isolated request, detached from any regular calculation, nor in a generic request, without defined purpose or devoid of minimum indicative elements“.
The minister determined that Minister Mauro Campbell, corregedor of the CNJ (National Council of Justice), is informed of the decision.
The PF investigation that motivated the request of the Coaf report is different from the operation without a discount, which is being processed in the Federal District Court. It focuses exclusively on associative organizations operating in the state of São Paulo.
