Minister Gilmar Mendes, of the Federal Supreme Court (STF), annulled the breach of banking, tax and telematic secrecy of the company Maridt, whose partners include minister Dias Toffoli.
The break was determined by the Senate’s Parliamentary Commission of Inquiry (CPI) on Organized Crime, approved on Wednesday. Parliamentarians approved the breach of confidentiality in the period from January 2022 to February 2026.
The dean of the STF considered that the CPI approved the breaches of confidentiality by the Toffoli family company “in clear and unavoidable non-compliance with the limits” of the object of the parliamentary investigation. According to the minister, the justification for breaking confidentiality for the “invasive measure” is “devoid of suitability due to the complete and absolute absence of valid grounds”.
The minister considered that the CPI committed a misuse of purpose. “The request (for breach of confidentiality) presents a flawed, imprecise and misleading narrative and justification. There is, in essence, a real logical and legal leap: under the pretext of combating organized crime, the Commission decrees the breaking of confidentiality and the production of reports without indicating a single concrete element that links the applicant to the facts narrated in the request for creation”, he pointed out.
Gilmar then annulled the breach of confidentiality determined by the CPI, considering that the “flagrant unconstitutionality and illegality” of the Commission’s decision to break Maridt’s confidentiality was evident.
Earlier this month, Toffoli admitted in a statement that he is a partner in Maridt, which sold a stake in the Tayayá resort, in the interior of Paraná, to a fund owned by banker Daniel Vorcaro’s brother-in-law, owner of Banco Master. Toffoli said that he declared to the Federal Revenue Service the amounts received in the negotiation and stated that he never “received any amount from Daniel Vorcaro or his brother-in-law Fabiano Zettel”.
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Toffoli’s company was part of the resort’s management until February 2025. The minister was the rapporteur, at the Court, of the investigation involving the bank. He asked to leave the case after the Federal Police handed over to the president of the STF, Edson Fachin, the material found on Vorcaro’s cell phone, which contains mention of Toffoli. Minister André Mendonça was selected and took on the role of rapporteur for the process.
Parliamentarians also approved the summoning of two of Toffoli’s brothers to speak on the matter. However, this Thursday, STF minister André Mendonça exempted them from going to the commission.
The requests were approved amid a series of requirements deliberated by the commission. The collegiate was officially created to investigate the “performance, expansion and functioning of criminal organizations in Brazilian territory, especially factions and militias”.
Among the approved requirements is also the breach of banking, tax, telephone and telematic secrecy of Banco Master and the investment manager Reag. Both financial institutions were liquidated by the Central Bank and deny irregularities.
In the list of validated requests, there is also the summons of Vorcaro and former partners and executives of the financial institution, and invitations to STF ministers Alexandre de Moraes and Dias Toffoli. The difference between summons and invitation is that, in the first case, the person is obliged to appear before the commission.
