Minister Flávio Dino of the Federal Supreme Court (STF) decided to validate the Financial Intelligence Report (RIF) prepared by the Council for Financial Activities Control (COAF), which supported the investigation into billionaire fraud at the National Institute of Social Security (INSS).
Last Wednesday (11), federal judge Massimo Palazzolo, from the 4th Federal Criminal Court of São Paulo decided and the evidence that originated by him.
According to the judge, there was no prior court decision to authorize the sharing of the document with the Federal Police – thus, the evidence would be unlawful, for allowing the so -called “Fishing Expedition”.
The Attorney General’s Office (PGR), however, appealed the decision. The agency argued that the magistrate disrespected already consolidated case law of the Supreme Court, which allows the sharing of data between investigative bodies without the need for prior judicial authorization.
The argument used by PGR was accepted by Dino. According to the minister, the sharing of the information was legitimate, respected the legal requirements and maintained the confidentiality of the information. For him, the request of the report was neither generic nor detached from an ongoing investigation.
“In the present case, it is found that, prior to the reasoned request for financial intelligence data by the police authority, the formal investigative procedure, duly established by a competent authority, had been instituted,” Dino said in the decision.
The investigation into illegal discounts on retirement and pensions underwent the analysis of the financial movements of suspects of participating in the scheme, including Antonio Carlos Antunes, the so -called “Bald of the INSS”.
The PF would have requested the document directly from the Coaf, without this before the judiciary.
