Members of the CPI (Parliamentary Commission of Inquiry) on Organized Crime assess that the minister of the STF (Supreme Federal Court) interfered in the work of Congress, which has among its partners also minister Dias Toffoli. In turn, the court understands that the panel exceeded its scope of investigation when moving forward with the investigation involving the company.
The vice-president of the CPI, the senator, told Sheet that there will be a reaction.
“I thought that the STF group would not accept our decision. Now it’s time to analyze how to react, I have to study the best way. Of course, it’s not normal [a decisão] and clearly demonstrates that ministers believe they are above the law and that they should not answer to anyone. Another chapter of the dysfunctionality we are experiencing”, he said.
In Gilmar Mendes’ decision this Friday (27), the minister mentions that the breach of confidentiality was “devoid of suitability due to the complete and absolute absence of valid grounds”.
The judge considers that the commission did not point out a connection “between the postulated measures and the real and effectively delimited object at the time of its implementation.” And he adds: “The request alludes to facts involving other investigations, parallel and disconnected from the object of the CPI.”
The Organized Crime CPI was created in November with a vague delimitation for the object of investigation. Therefore, it has been possible for the board to enter, for example, in cases such as Banco Master.
Gilmar has repeated to interlocutors that the CPI does not have the competence to carry out this investigation.
A minister who listened closely to the report considers that the court is used to having clashes with CPIs and made the message clear that he does not agree with what he considers to be a leak of the commission’s investigation object.
The minister said that the Supreme Court does not fear negative repercussions in public opinion and refutes criticisms that it would be a muffled operation, since the investigation is ongoing and is not at a standstill. The rapporteur of the Master case at the STF is currently .
Investigators, however, were concerned about Mendonça’s decision the day before to release the minister’s brothers from attending the meeting. The minister accepted a request from the defenses of José Eugênio and José Carlos Dias Toffoli so that they do not need to because the requests would show that they were summoned as investigated, not as witnesses.
The president of the Organized Crime CPI, senator, disagrees with the minister, but contained criticism of the court. “The collegiate reached an understanding regarding the existence of a causal link between the investigation involving Banco Master and the approved work plan, which expressly provides for the investigation of the use of financial institutions by organized crime”, he said in a note.
According to Contarato, there has not yet been a notification regarding Gilmar’s decision. “As soon as there is official communication, I will inform the members of the commission and we will responsibly evaluate the appropriate procedural paths”, he added.
The actions of the STF in the Master case have been under question since December, when Toffoli decided to take the case to court — the case was taking place in the first instance of the Federal Court, in Brasília — to apply high secrecy. Shortly afterwards, information came to light that he left the country on a jet with one of the lawyers for those accused in the Master case. The minister went to Lima, Peru, to watch the final of the Copa Libertadores.
Like, two companies in which Minister Dias Toffoli later admitted to being one of the owners were partners in an investment fund linked to Banco Master in the Tayayá resort, in the interior of Paraná. The fund would belong to former banker Daniel Vorcaro’s brother-in-law, Fabiano Zeitel.
The crisis arising from the revelation led to Toffoli’s departure from the case on February 12. The day before, the PF had highlighted the suspicion of the minister as rapporteur. The action was the result of material collected by the PF about the bank. Mentions of the minister were found in conversations seized on Daniel Vorcaro’s cell phone.
