Decision points to lack of individualized motivation and disrespect for due legal process; breach authorized by Mendonça at the request of the PF remains valid
The minister, from the STF (Supreme Federal Court), determined this Thursday (5.Mar.2026) the suspension of breaches of banking and tax secrecy approved by the CPMI (Joint Parliamentary Commission of Inquiry) of the INSS.
The decision nullifies the validity of the vote held on February 26, when dozens of applications were approved “across the globe”, without individual analysis.
Among those affected by the measure is , known as Lulinha.
Dino stated that, although CPIs and CPMIs have the power to determine , when exercising this attribution, they assume a role similar to that of a judge. Therefore, they must observe the same duties as a magistrate, which requires technical justification for each person investigated and voting on a case-by-case basis.
CRITICISM OF THE “EYEOMETER”
In the decision, the minister compared the commission’s actions to the functioning of a court and stated that no body can determine the breach of citizens’ confidentiality through symbolic decisions or based on a type of “eyeball meter”.
Dino said that the absence of an adequate procedure — with presentation of the case, debate and record of individual voting — could lead to legal nullity.
“Nobody wants a major parliamentary investigation to turn into just internet videos, useful in political and electoral campaigns, but devoid of validity from a legal perspective.”, wrote the minister.
CPMI REACTION
The president of CPMI, senator (Podemos-MG), criticized the injunction and stated that he received the decision with “republican outrage”.
In a note, the parliamentarian declared that block voting is a consolidated practice in the National Congress. According to him, the procedure has already been used in collegiate bodies such as the CPI of the Pandemic and the CPMI of the 8th of January to ensure speedy work given the limited deadlines for investigations.
Viana also stated that the validity of the procedure was ratified by the presidency of Congress, exercised by senator Davi Alcolumbre (União Brasil-AP).
For the senator, the suspension of breaches of confidentiality affects the balance between the Powers and occurs at a time when the investigation into misappropriation of resources from INSS retirees and pensioners was advancing on central structures of the investigated scheme.
BREACH OF PF REQUEST
Dino’s decision does not interfere with other investigation fronts. In February 2026, Minister André Mendonça, also from the STF, authorized the breach of Fábio Luís Lula da Silva’s confidentiality at the request of the Federal Police (PF). The information was published on February 23 by Drivenewsletter exclusiva do Poder360 for subscribers.
In this case, the measure remains valid as it is determined within the scope of a police investigation, with a specific justification — unlike the procedure adopted by the CPMI.
MULTIPLIER EFFECT
Dino’s decision applies to all targets of the vote held on February 26th.
The minister used the principle of unitary litigation, according to which the judicial decision must be uniform for all those involved in the same procedural act. The objective is to avoid the so-called “multiplier effect” of new resources.
According to Dino, it would be incompatible with the principle of non-contradiction for the same act to be considered null for some investigated and valid for others.
The minister stated that the INSS CPMI will be able to carry out new deliberations, as long as it respects due legal process and analyzes requests on an individual basis.
The following were formally communicated for immediate compliance with the decision:
- senator Carlos Viana (Podemos-MG), president of CPMI;
- the Minister of Finance;
- the Federal Revenue Secretary, Robinson Barreirinhas;
- and the president of the Central Bank of Brazil, Gabriel Galípolo.
