The Organized Crime CPI filed an appeal this Monday against the decision of Minister Gilmar Mendes, of the Federal Supreme Court (STF), which annulled the breach of confidentiality of the Arleen fund. In 2021, the fund purchased the stake that belonged to the company Maridt in the Tayayá resort, in the interior of Paraná. Maridt, in turn, had STF minister Dias Toffoli as a partner and his family members as administrators.
At the time of the transaction, the fund’s shareholder was another fund, Leal, which belonged to businessman Fabiano Zettel, brother-in-law of Daniel Vorcaro, owner of Banco Master. Arleen was managed by Reag, an investment manager that was liquidated by the Central Bank and is in the collegiate’s sights just like Master.
The commission argued that the STF minister’s decision “affronts” the constitutional right to carry out investigations by the CPIs.
“Thus, in the absence of its requirements, the preliminary measure must be reconsidered, revoked or revoked, as its continuation violates the right of investigation of parliamentary minorities, constitutionally granted by art.58, § 3, of the Constitution”, says the text.
The Senate’s lawyers recalled previous STF decisions that granted authority to CPIs to “determine the breach of the confidentiality of tax, banking and telephone data”. And he highlighted that the request to involve the Arleen fund was “duly based on the existence of evidence pointed out in the face of the investigated person”.
The request also mentions that the STF’s own jurisprudence has already endorsed the possibility of a block vote by the CPI on other occasions. The request in question was approved en bloc, when parliamentarians evaluate a series of requests at once. In the decision, Gilmar Mendes criticized this practice, saying that the prevailing understanding is that breaches of confidentiality must be assessed on an individual basis.
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“Therefore, it is imperative to reform the appealed decision to recognize the impossibility of jurisdictional control over parliamentary deliberations that approve, en bloc, the breach of secrecy, also establishing the constitutionality, legality and regimentality of the deliberation of the CPI on Organized Crime”, says the request.
