Post by account_disabled on Mar 8, 2024 23:22:51 GMT -5
Another Federal Police operation triggered by a fireworks show turned into a scam. Unanimously, the th Panel of the Superior Court of Justice decided to annul, last Thursday (/), all the evidence collected by the PF and the Public Prosecutor's Office in the so-called Boi Barrica operation, which investigated the business of businessman Fernando Sarney and other people from the family of the president of the Senate, José Sarney (PMDB-AP).
The ministers considered that the breaches of banking, tax and telephone confidentiality of those being investigated, and the telephone tapping that followed them, were carried out in violation of the law and the Federal Constitution. This prevented the merits of the alleged crimes from even being analyzed. With the decision, there are now three spectacular operations by the Federal Police that do not pass the scrutiny of legality in the STJ, in a period of just five months.
In June, the th Panel of the court annulled the evidence collected in Operation Satiagraha. The ministers understood that the hidden participation of agents from the Brazilian Intelligence Agency (Abin) in the investigation led by then BTC Number Data delegate Protógenes Queiroz, now a federal deputy for PCdoB, was illegal. Two months earlier, the th Panel judged the evidence from the Castelo de Areia operation to be illegal, due to illegalities similar to those that now overturned the action against Fernando Sarney.
The STJ does not re-examine evidence or go into the merits of the specific case, it only checks questions of law. But in all cases, lawyers present evidence to disqualify the investigations. In the case of Satiagraha, for example, what is maintained is that the operation was conducted by the private sector. Both Protógenes Queiroz and Paulo Lacerda, former director of Abin, are facing an investigation for passive corruption, illegal interception of telephones and malfeasance.
What motivated the investigation against the son of the president of the Senate was a communication from the Financial Activities Control Council (Coaf) about unusual movements in the bank accounts of Fernando Sarney and his wife. Coaf makes notifications whenever it detects atypical movements above R$, In the case of the businessman, the Council drew attention to a movement of R$ million.
In the notification itself, Coaf noted that the fact did not necessarily constitute a crime, but that there was a need for additional investigations into the origin of the money. According to the STJ's decision, the PF and the Public Prosecutor's Office, in view of the communication, directly requested the breaking of bank secrecy, telephone and tax data, without any justification, except the communication of unusual movement.
Irregular breach
In his decision that authorized the breach of confidentiality, the judge of first instance also did not justify the reasons for the breach. According to the decision of the STJ ministers, he limited himself to reproducing the Public Prosecutor's Office's arguments and stated that he assumed that, based on his experience, the notification suggested the occurrence of a crime. And he ordered the opening of secrecy.
The ministers considered that the breaches of banking, tax and telephone confidentiality of those being investigated, and the telephone tapping that followed them, were carried out in violation of the law and the Federal Constitution. This prevented the merits of the alleged crimes from even being analyzed. With the decision, there are now three spectacular operations by the Federal Police that do not pass the scrutiny of legality in the STJ, in a period of just five months.
In June, the th Panel of the court annulled the evidence collected in Operation Satiagraha. The ministers understood that the hidden participation of agents from the Brazilian Intelligence Agency (Abin) in the investigation led by then BTC Number Data delegate Protógenes Queiroz, now a federal deputy for PCdoB, was illegal. Two months earlier, the th Panel judged the evidence from the Castelo de Areia operation to be illegal, due to illegalities similar to those that now overturned the action against Fernando Sarney.
The STJ does not re-examine evidence or go into the merits of the specific case, it only checks questions of law. But in all cases, lawyers present evidence to disqualify the investigations. In the case of Satiagraha, for example, what is maintained is that the operation was conducted by the private sector. Both Protógenes Queiroz and Paulo Lacerda, former director of Abin, are facing an investigation for passive corruption, illegal interception of telephones and malfeasance.
What motivated the investigation against the son of the president of the Senate was a communication from the Financial Activities Control Council (Coaf) about unusual movements in the bank accounts of Fernando Sarney and his wife. Coaf makes notifications whenever it detects atypical movements above R$, In the case of the businessman, the Council drew attention to a movement of R$ million.
In the notification itself, Coaf noted that the fact did not necessarily constitute a crime, but that there was a need for additional investigations into the origin of the money. According to the STJ's decision, the PF and the Public Prosecutor's Office, in view of the communication, directly requested the breaking of bank secrecy, telephone and tax data, without any justification, except the communication of unusual movement.
Irregular breach
In his decision that authorized the breach of confidentiality, the judge of first instance also did not justify the reasons for the breach. According to the decision of the STJ ministers, he limited himself to reproducing the Public Prosecutor's Office's arguments and stated that he assumed that, based on his experience, the notification suggested the occurrence of a crime. And he ordered the opening of secrecy.