The minister answered requests from and delimited a previous decision of himself, in which processes that used reports of those requested by investigation bodies.
The new determination of the Minister of (Supreme Federal Court) was published on Monday (25) and maintains the suspension only of court decisions that canceled these reports. The rest of the actions and investigations involving the reports continues normally.
The (Attorney General’s Office) and the São Paulo Public Prosecution Service had expressed concern that the first decision of Moraes, last Wednesday (20), would harm the progress of investigations into criminal factions and money laundering.
“Decisions that recognized the validity of reports of reports by investigative authorities are excluded from the suspension, as they do not imply a risk of stoppage or damage to investigations,” Moraes said in this Monday’s decision.
“On the other hand, interpretations that condition the continuation of investigations to the prior confirmation of the validity of the UIF (COAF) intelligence report or the RFB (IRS) supervisory procedure, creating undue obstacles to criminal prosecution.”
On Wednesday, Moraes suspended proceedings throughout Brazil using COAF reports requested by the Public Prosecution Service without judicial authorization.
Processes were also suspended that used these reports without opening a formal investigation procedure. Coaf reports provide bodies such as the Public Prosecution Service and the police bank and tax data of any investigated.
The decision aimed to curb operations against criminal organizations, but created fear among investigators that the effect was the opposite and caused a mass overthrow of police and prosecution throughout the country.
Financial intelligence reports under request have already been used in several cases of repercussion in the country, such as those of the attacks of January 8 and the coup plot involving the former president (), as well as actions regarding criminal factions such as the (first command of the capital).
Moraes decided to suspend the actions at the request of the PGR (Attorney General’s Office), because the lack of consolidated understanding of the matter has made courts such as the (Superior Court of Justice) to decide that the police and the prosecutor cannot directly request intelligence reports without prior judicial authorization.
After the determination of Moraes last Wednesday, the Attorney General of São Paulo, Paulo Sérgio de Oliveira and Costa, said that several defenses asked for the suspension of proceedings dealing with.
“In cases brought to the Attorney General’s Office, there are current personal and property precautionary, such as preventive arrests and kidnapping of goods,” said the attorney general.
“Given this scenario, in parallel with 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.”
The São Paulo prosecutor asked the minister to clarify that only the effects of decisions should be suspended that contradict the previous understanding of the Supreme on the subject, “without prejudice to the continuity of criminal actions, ongoing criminal investigations and the resulting resources.”
In another petition, the PGR also asked Moraes to suspend only decisions that canceled the evidence from financial intelligence reports, but not “decisions that recognized the validity of reports of reports by the investigative authorities.”
Moraes stated that the decision of this second aims to clarify the scope of its previous determination, since, as stated by the Public Prosecution Service, “the defenses of investigated or defendants – in several situations involving serious crimes, especially related to criminal organizations – have been using the above -mentioned decision to request the suspension of investigations and the revocation of precautionary measures already granted, which goes beyond the scope of determination and threat. The effectiveness of criminal prosecution in numerous procedures and criminal proceedings. “
The suspension determined by Moraes is valid until the Supreme Plenary decides on the subject. The thesis defined by the ministers will apply to all similar processes in the country.
Currently, it is expected that the mostly forming majority to determine that the sharing of these data is valid, even if there is disagreement of some ministers.
