The Federal Government filed an appeal against the suspension of the minister, which has one of its partners. In this Tuesday’s request (3), the House states that the injunction violates the prerogative of parliamentary commissions of inquiry to use the judicial authorities’ own investigative powers.
According to the president of the CPI for Organized Crime, Fabiano Contarato (-ES), through the Senate Advocacy, the measure applied by the dean of the (Supreme Federal Court), last Friday (27), empties the work of the CPI.
“Especially in this case, the granting of the injunction undermines the activities of the Organized Crime CPI, by preventing the obtaining of essential data to clarify the facts investigated by it”, say the lawyers, in the piece.
On Wednesday (25), under the justification of investigating a fund linked to the former banker, of .
According to the Senate’s legal team, however, the breach of confidentiality of tax, banking, telephone and telematic data is among the powers of the CPI according to precedents of the STF itself.
Furthermore, any data gathered would, according to him, be kept confidential throughout the entire period of the CPI’s work. “Only at the end, at the time of the final report, and if applicable, will the information be forwarded to the judicial authorities.”
Gilmar says that the breach of confidentiality occurred “in clear and unavoidable non-compliance with the limits” of the object of the parliamentary investigation. He defined the measure as “invasive” and “devoid of suitability due to the complete and absolute absence of valid grounds.”
He also stated that the breach “presents a flawed, imprecise and mistaken narrative and justification. There is, in this case, a true logical and legal leap: under the pretext of combating organized crime, the Commission decrees the breach of confidentiality and the production of reports without indicating a single concrete element that links the applicant [empresa de Toffoli] to the facts narrated in the request for creation”.
Maridt’s lawyers filed a habeas corpus request with the STF so that the decision handed down in 2021 by Gilmar Mendes could be extended to Toffoli’s company.
In the habeas corpus, the Senate still states that the case had become final and, therefore, could not be used for Maridt’s defense request. The Pandemic CPI, through which the original request through which Maridt’s defense managed to suspend the breach of confidentiality, was closed in October 2021.
According to the Senate Attorney’s Office, citing the previous case to support the current request is not enough to define the same report.
The legal team also states that in the Brazilian constitutional system there is no clear and certain right not to be investigated and the CPI is fulfilling its duty to investigate the object for which it was created. “At the appropriate time, the person being investigated will have the opportunity to present their allegations and produce evidence,” he said.
“The investigation can legitimately concern companies suspected of being ‘facade’, that is, entities with the appearance of being regular, but with no real activity, created to hide owners, launder money, evade taxes, disguising illicit purposes, with false addresses, ‘orange’ partners, etc”, he states.
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