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The Public Prosecution Service of São Paulo () asked the Minister of the Supreme Federal Court to clarify the decision that suspended a lawsuit on the authorization of justice.
The request, says the MPSP, intends to prevent processes, precautionary measures and investigations in progress from being paralyzed in the lower court based on the decision of Moraes.
Moraes complied with a request from the Attorney General’s Office (PGR) and suspended the progress of all processes that question evidence obtained by the Public Prosecution Service and police by sharing Coaf data without judicial authorization.
Moraes’s decision was after a prohibiting data request by investigators to Coaf without prior court authorization.
The position of the STJ has been used to nullify several investigations across the country. Some of these decisions were overthrown by the Supreme Court, which decided to declare general repercussion on the subject to overcome the divergence of understanding between the two cuts.
Minister Alexandre de Moraes during a session at the Supreme Court
By 2019, the Supreme Court has already decided that the sharing of financial intelligence reports even without judicial authorization, provided that in formally established procedures and with guarantees of confidentiality.
In the decision of the subject, which also has recognized general repercussion and, therefore, should be followed by all the lower courts of the judiciary, a series of parameters for such sharing was set.
By asking for clarification from the minister, MPSP claims that soon after Moraes’ decision “defensive demonstrations multiplied in criminal investigations and ongoing criminal actions, aiming at the suspension of proceedings and procedures that deal with complex operations”.
“Given this scenario, in parallel to the request for suspension of criminal actions and investigations, the defenses submitted requests to revoke precautionary measures, precisely what was sought to avoid through the monocratic decision in question,” says the MPSP.
For the São Paulo MP, to avoid the stoppage of precautionary proceedings and measures, such as arrest and blockade of assets, the minister must clarify that the decision does not impact the “continuity of criminal actions, ongoing criminal investigations and the resulting resources”.
“Accordingly, the Public Prosecution Service of State of São Paulo requires clarification of the decision, so that it is explicit that the suspension of criminal actions and criminal investigations are not determined,” says the request of MPSP.
