Minister Alexandre de Moraes will be the rapporteur of the request of the Attorney General, Paulo Gonet, to suspend it in an injunction all actions underway in the country that discuss the legality of evidence obtained without judicial authorization from intelligence reports
The reports, known by the acronym RIFs, analyze market operations considered suspicious and subject to criminal investigation. In many cases, they supply investigations from the Public Prosecution Service and the police even without sharing authorized by the court.
Over the past three years, the number of COAF reports for the MP has increased by 14%from 1,629 to 1,864.
There is still no forecast of when Moraes will decide on the injunction request.
For the prosecutor, the suspension of report sharing would represent an obstacle to investigations. For advocates of individual guarantees, there is a fear of use without data criterion.
It says it is critical that the Supreme Court determines prior judicial control of report sharing to prevent citizens from suffering improperly in their privacy.
“The unenforcement of prior judicial authorization for the request of the RIF by the police or the prosecutor constitutes a true ‘bypass’ to the judicial control inherent in precautionary measures, while being counterproductive to the criminal prosecution itself,” he says.
According to the lawyer, there is no prejudice to the investigation in requesting judicially the data from Coaf.
“The elements of the RIFs are already in the Coaf database, and therefore, there is no possibility that such information is modified or degraded over time, and therefore, there is no damage to seeking judicial authorization before sharing,” he says.
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