Post by account_disabled on Mar 7, 2024 4:26:57 GMT
The legality of the breach of confidentiality based solely on a report from the Financial Activities Control Council Coaf will be analyzed by the Federal Supreme Court. The vicepresident of the Superior Court of Justice Minister Felix Fischer admitted an extraordinary appeal by the Federal Public Ministry against the decision of the th Panel of the STJ that considered an investigation that resulted in a breach of confidentiality based on the report to be illegal.
Minister Felix Fischer's decision published on Monday in the Diário da Justiça recognized the existence of the prerequisites for the admissibility of the appeal such as the formal preliminary of general repercussion and determined the referral of the case to the Supreme Court.
In this case the th Panel when judging a Habeas Corpus BTC Number Data filed in favor of João Odilon Soares Filho investigated in a Federal Police operation that also involves Fernando Sarney son of the president of the Senate José Sarney and his wife Teresa Cristina Murad Sarney stated that the Coaf report only indicates atypical movements without indicating the occurrence of crimes. According to the Panel the Police would not have demonstrated the impossibility of using other means of investigation other than breaking banking tax and telephone secrecy.
For the ministers the breach of confidentiality was the true origin of the investigation and was used without concrete demonstration of its need. The th Panel in September considered that all evidence resulting from the irregular breach of confidentiality was also contaminated by illegality and could not be used in the process.
According to the MPF the decision violates several provisions of the Federal Constitution. Therefore the case should be analyzed by the STF. The MPF claims that the th Panel's argument regarding the exhaustion of other means of proof as a condition for breaking confidentiality is “fragile” and “unsustainable.
Minister Felix Fischer's decision published on Monday in the Diário da Justiça recognized the existence of the prerequisites for the admissibility of the appeal such as the formal preliminary of general repercussion and determined the referral of the case to the Supreme Court.
In this case the th Panel when judging a Habeas Corpus BTC Number Data filed in favor of João Odilon Soares Filho investigated in a Federal Police operation that also involves Fernando Sarney son of the president of the Senate José Sarney and his wife Teresa Cristina Murad Sarney stated that the Coaf report only indicates atypical movements without indicating the occurrence of crimes. According to the Panel the Police would not have demonstrated the impossibility of using other means of investigation other than breaking banking tax and telephone secrecy.
For the ministers the breach of confidentiality was the true origin of the investigation and was used without concrete demonstration of its need. The th Panel in September considered that all evidence resulting from the irregular breach of confidentiality was also contaminated by illegality and could not be used in the process.
According to the MPF the decision violates several provisions of the Federal Constitution. Therefore the case should be analyzed by the STF. The MPF claims that the th Panel's argument regarding the exhaustion of other means of proof as a condition for breaking confidentiality is “fragile” and “unsustainable.