Supreme Court Justice Halts Lawsuits Targeting Flávio Bolsonaro in Queiroz Case
RIO DE JANEIRO, BRAZIL – Justice Gilmar Mendes, of the Supreme Court (STF), decided on Monday, September 30th, to suspend proceedings involving the breach of confidentiality of Senator Flávio Bolsonaro in the Queiroz case.
The investigation concerns the “splitting” scheme (when civil servants kick back part of their salary to the politician who hired them) alleged to exist in the staff of the eldest son of President Jair Bolsonaro when a member of the Legislative Assembly of Rio de Janeiro.
Mendes’ decision granted the petition of lawyer Frederick Wassef, the president’s son’s defense attorney. Wassef met on Saturday, September 28th, with President Jair Bolsonaro at the Palácio da Alvorada. Justice Mendes’ decision benefits only the PSL senator.
Mendes pointed out in his decision an e-mail sent by the Rio de Janeiro Prosecutor’s Office (MP-RJ), dated December 14th, 2018, in which the body requests information from the Financial Activities Control Council (COAF, now renamed the Financial Intelligence Unit, UIF) without prior judicial authorization.
“It is noted that, instead of seeking judicial authorization to break the tax and banking secrecy of the plaintiff, the state Prosecutor’s Office requested directly from COAF, by e-mail, confidential information, without proper judicial authorization, in order to clearly exceed the objective goals determined in the ruling model,” noted the Justice in the decision.
Mendes further determined that “given the gravity of the facts,” the National Council of the Prosecutor’s Office (CNMP) determines the functional responsibility of members of the MP in the event.
By determination of STF Presiding Justice Dias Toffoli, the investigations should be suspended. However, the Senator’s defense claims that lawsuits targeting Flávio were not properly suspended, thus disrespecting Toffoli’s decision. Mendes is the rapporteur of the senator’s complaint.
Mendes’ decision is effective until the full STF decides about the propriety of COAF/UIF sharing data with the Prosecutor’s Office without judicial authorization. The plenary session to debate this issue is scheduled for November 21st.
“This decision does not reflect any early understanding of the rapporteur as to the substance of the general repercussion argument to be considered in the judgment (November),” said Mendes.
Source: Estadão Conteúdo
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