The (Parliamentary Commission of Inquiry) called on the president of the (Supreme Federal Court), minister, to reverse the minister’s decision that suspended the breach of confidentiality of the company Maridt, of which he is a partner.
The commission also asks that the process be redistributed — according to members of the CPI, Gilmar Mendes hijacked the report on the case.
In a note, the president of the CPI, senator Fabiano Contarato (PT-ES), says that the requests to Fachin seek to preserve “the constitutional prerogatives of investigation of the Legislative Branch”. He also argues that the breach of confidentiality was approved on a regular basis by the commission, which has in its scope the investigation of fintechs and law firms.
The commission had approved the breach of Maridt’s banking, tax and telematic confidentiality last week, under the justification of investigating the creation of a fund linked to the former banker, from .
The request to break Maridt’s confidentiality was presented by the CPI rapporteur. The breach of confidentiality would cover the period from January 2022 to February 8, 2026.
Two days later, stating 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.”
The minister says that the justification for the breach of confidentiality is flawed, imprecise and mistaken, arguing that the CPI did not present a concrete element to link Maridt to the commission’s investigation object, organized crime. For Gilmar, there was also “a lack of rigor in the temporal delimitation of confidentiality exemptions”.
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.
“With all the respect I have for the ministers and the Supreme Court, I do not consider it reasonable that, in a writ of mandamus filed almost three years ago, a legal instrument intended to protect the freedom of natural persons is granted, ex officio, habeas corpus to a legal entity,” Contarato said in a note.
