The trial in which the Federal Supreme Court (STF) overturned the extension of the INSS CPI by 8 votes to 2 was marked by a series of direct messages to Congress, especially regarding the conduct of parliamentary investigations and the disclosure of confidential data.
Throughout the session, ministers harshly criticized what they classified as abuses in the CPIs, focusing on leaks of information protected by confidentiality. The most incisive tone came from Minister Gilmar Mendes, Dean of the Court, who classified the practice as “abominable” and a “collective crime”.
— It is deplorable, abominable, a collective crime — said the dean. — Whoever has power has responsibility.
The dean also criticized the way in which breaches of confidentiality have been conducted and, above all, the subsequent disclosure of this information.
— There is no breach of confidentiality en bloc. You have to decide in each case. But the biggest problem is the total lack of scrupulousness, because it is disclosed relying precisely on immunity. We are all partners in crime,” he said.
At another point, Gilmar stated that the recent episode involving leaks represents a “disgrace” and issued a direct warning to parliamentarians.
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— He is unworthy of Parliament. It is not good for you, nor for the institutions. It’s a total lack of scruples,” he said.
The criticisms were reinforced by Alexandre de Moraes, who, when pointing out a misuse of purpose in the CPI, directly cited the use and disclosure of confidential data.
— There is also a deviation from the purpose in relation to the determined fact. CPMI created a link with confidential data from the entire Federal Police test, contacts, agendas, and distributed it to journalists. It was necessary to determine the return on this. Total disrespect,” he said.
Moraes also stated that the attempted extension, under these conditions, is not constitutionally sustainable.
— It has been distorted and wants an automatic extension of what is already distorted, which is unconstitutional — he added.
The issue of the limits of the CPIs also appeared in the vote of minister Flávio Dino, who opened the divergence followed by the majority and defended the need to preserve autonomy between the Powers.
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— If we go beyond the purely regimental matters of Parliament, we are disavowing ourselves from repudiating any initiatives from other Powers that invade this sphere of self-organization — he stated.
Dino also criticized the idea of automatic extension of investigations.
— Not even a police investigation has an automatic extension. There is no automatic extension within the scope of the typical function. Let’s imagine within the scope of the atypical function — he said.
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Despite this, the minister made a point of making it clear that there is no disagreement regarding the need to investigate fraud.
— The importance of investigating very serious fraud in the INSS is not up for debate. I am absolutely convinced that the STF is united, very united, supporting the idea that all of this be investigated – he said.
On Monday, Minister André Mendonça issued an injunction ordering the Senate to extend the INSS CPI, which has a deadline of March 28, this Saturday. However, the divergence opened by Dino prevails, accompanied by Edson Fachin, Alexandre de Moraes, Cristiano Zanin, Cármen Lúcia, Nunes Marques, Dias Toffoli and Gilmar Mendes, who defended the need for self-restraint by the Judiciary and the preservation of the Legislature’s autonomy to decide on the extension of its own investigation instruments. Mendonça was followed by Luiz Fux.
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In the end, the Court consolidated the understanding that the jurisprudence that guarantees minorities the right to institute CPIs does not automatically extend to the extension of work, considered a decision of a political and regulatory nature. As GLOBO showed, the expectation revolved around a differentiation between ordering the installation of a Parliamentary Commission of Inquiry, a precedent observed in Covid’s CPI, and extending its operation, as in the case of Mendonça’s decision.
