Decisions of Moraes and Gilmar create uncertainty about Coaf – 25/08/2025 – Power

by Andrea
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Decisions of the Ministers of the Supreme Federal Court and, published on Monday (25), caused uncertainties on requested by without judicial authorization.

The documents, which contain tax and bank data, have been used in various repercussion actions in the country. These include January 8, the 2022 and 2023 coup plot, which involves the former president (), and others about criminal factions, such as the (first command of the capital).

At the request of the (Attorney General’s Office) and the São Paulo Public Prosecution Service, Moraes ordered the suspension of decisions that overturned the validity of these reports and created what he called “improper obstacles” to investigations.

It also decided that its determination is valid for “recent decisions of the (Superior Court of Justice)” and for other courts around the country.

Moraes is a rapporteur of a general repercussion action on the subject, which will be brought to the plenary so that the elaboration of a thesis by the ministers who will be valid for all similar processes in Brazil.

On the same day, however, that the Public Prosecution Service and police authorities cannot directly request data from COAF without judicial authorization.

Internally in the Supreme, the assessment is that decisions in opposite directions exhibit the need for uniformity on the subject, which will only happen when the action of Moraes is brought to the plenary of the Court. It is not yet predicted for this to happen.

The individual decision of one minister does not prevail over the other, and any requests that come to the Supreme Court on the request of these reports by the police or the prosecutor may be decided in different ways.

It is expected that the mostly forming majority to determine that the sharing of these data is valid, in a sense closer to what has decided Moraes.

COAF currently relates in two ways to the police and other investigative bodies. In the first, the board itself produces its Financial Intelligence Reports (RIFs) and sends them to the competent bodies to investigate the transactions pointed out as suspicions.

A second form occurs when the investigation body itself requests information about certain people or companies. In this case, the Coaf seeks in its database if there is any suspicious transaction point out of the person indicated and, if there was, forwards it to those who requested.

In 2019, the Supreme Court authorized the sharing of these data with the Public Prosecution Service and the police without the need for prior judicial authorization. At the time, the Supreme Court evaluated – the second class of the Court annulled three Coaf reports that cited the senator on the grounds that they were requested without a investigation against him.

The question that was pending after this 2019 trial was the direct request of the data to the Council without authorization of the court.

Last year, the first class of the Supreme Court that understood that the police could not make this kind of order.

On Monday, in the same vein, Moraes complied with requests from the Public Prosecution Service and ordered the suspension of court decisions that canceled these reports requested by the investigation bodies.

Gilmar’s decision, also of this Monday, rejected a complaint filed by the PGR against STJ determinations that considered illegal to obtain directly of Coaf reports.

In the decision, the minister criticized the possibility of the risk of abuse and “probative fisheries”, when authorities sew data without formal investigation, in search of something that can incriminate someone.

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