Post by account_disabled on Mar 9, 2024 4:19:14 GMT
Evidence obtained through breach of confidentiality without there being minimal evidence to justify the authorization of this type of measure is illegal. This was the main argument used by reporting minister Sebastião Reis Júnior, accompanied by the th Panel of the STJ, to annul evidence collected by the PF and the Public Ministry in the so-called Boi Barrica operation, which investigated the business of businessman Fernando Sarney and other family members. of the president of the Senate, José Sarney (PMDB-AP).
"The grounds for the request and the decision were exclusively information from Coaf and the simple reference to legal provisions, in addition to the completely subjective conclusion, unaccompanied by any concrete element, that atypical financial movements should be investigated as they occurred in pre-election period", wrote the minister in his vote .
The investigation began in , when the Financial Activities BTC Number Data Control Council (Coaf), the country's financial intelligence unit, sent a communication to the PF reporting atypical financial transactions, worth R$ million, in the current accounts of some individuals and legal entities, including Fernando José Macieira Sarney and Teresa Cristina Murad Sarney. This procedure is automatic and does not necessarily signal the occurrence of a crime.
According to Sebastião Reis Junior, the Coaf report highlights that the movement identified as "atypical" cannot be considered "illicit". But it was only based on the information contained in the Coaf report that the Federal Public Ministry requested the breaking of the banking secrecy of those being investigated. The request was granted by the judge under the same terms as the MPF's request.
Subsequently, based on the same statement from Coaf, a new police investigation was opened and, again without any other preliminary investigations, the police authority requested and obtained the breach of fiscal secrecy (from to ) and the interception of telephone and telematic communications.
In this request, Minister Sebastião Reis highlighted an excerpt in which the Police itself recognizes that it is not possible to conclude, from the letter sent by Coaf, that the facts narrated actually constitute practices of concealment of assets, rights and values resulting from crimes. The PF states that "certain transactions and financial movements, despite being in line with those cases considered suspicious by the various regulations in force, may in fact constitute normal acts of commerce or any negotiations that have occurred".
The minister explained that, when the Police became aware of the Coaf report, in addition to the initiation of the investigation — which is not disputed —, due to an express legal provision, steps should have been taken to clarify the facts described there, such as the search for testimonial and expert evidence.
As the minister highlighted, there is no news in the file that, before the requests for breach of confidentiality, the PF carried out any steps to investigate in more depth the information sent by Coaf. In the minister's opinion, such information is strictly subsidiary in nature.
Applying the Fruit of the Poisoned Tree Theory, minister Sebastião Reis Junior voted so that all evidence resulting from the unconstitutional investigation would not be admitted, because it was contaminated. Minister Marco Aurélio Bellizze and the summoned judge Vasco Della Giustina followed the rapporteur's position. As a result, all elements collected in non-compliance with the Constitution must be removed from the case file, with the judge in the case being responsible for analyzing this extension in relation to other breaches of confidentiality. With information from the STJ Press Office.
"The grounds for the request and the decision were exclusively information from Coaf and the simple reference to legal provisions, in addition to the completely subjective conclusion, unaccompanied by any concrete element, that atypical financial movements should be investigated as they occurred in pre-election period", wrote the minister in his vote .
The investigation began in , when the Financial Activities BTC Number Data Control Council (Coaf), the country's financial intelligence unit, sent a communication to the PF reporting atypical financial transactions, worth R$ million, in the current accounts of some individuals and legal entities, including Fernando José Macieira Sarney and Teresa Cristina Murad Sarney. This procedure is automatic and does not necessarily signal the occurrence of a crime.
According to Sebastião Reis Junior, the Coaf report highlights that the movement identified as "atypical" cannot be considered "illicit". But it was only based on the information contained in the Coaf report that the Federal Public Ministry requested the breaking of the banking secrecy of those being investigated. The request was granted by the judge under the same terms as the MPF's request.
Subsequently, based on the same statement from Coaf, a new police investigation was opened and, again without any other preliminary investigations, the police authority requested and obtained the breach of fiscal secrecy (from to ) and the interception of telephone and telematic communications.
In this request, Minister Sebastião Reis highlighted an excerpt in which the Police itself recognizes that it is not possible to conclude, from the letter sent by Coaf, that the facts narrated actually constitute practices of concealment of assets, rights and values resulting from crimes. The PF states that "certain transactions and financial movements, despite being in line with those cases considered suspicious by the various regulations in force, may in fact constitute normal acts of commerce or any negotiations that have occurred".
The minister explained that, when the Police became aware of the Coaf report, in addition to the initiation of the investigation — which is not disputed —, due to an express legal provision, steps should have been taken to clarify the facts described there, such as the search for testimonial and expert evidence.
As the minister highlighted, there is no news in the file that, before the requests for breach of confidentiality, the PF carried out any steps to investigate in more depth the information sent by Coaf. In the minister's opinion, such information is strictly subsidiary in nature.
Applying the Fruit of the Poisoned Tree Theory, minister Sebastião Reis Junior voted so that all evidence resulting from the unconstitutional investigation would not be admitted, because it was contaminated. Minister Marco Aurélio Bellizze and the summoned judge Vasco Della Giustina followed the rapporteur's position. As a result, all elements collected in non-compliance with the Constitution must be removed from the case file, with the judge in the case being responsible for analyzing this extension in relation to other breaches of confidentiality. With information from the STJ Press Office.