Supreme forms majority to maintain restrictions on transfer of information to Abin

The Federal Supreme Court (STF) formed a majority this Friday (8) to maintain restrictions on the transfer of information from bodies of the Brazilian Intelligence System to the Brazilian Intelligence Agency (Abin).

The ministers Gilmar Mendes, Rosa Weber, Lewandowski, Edson Fachin and Dias Toffoli voted for the maintenance of the restrictions, following the vote of rapporteur Carmen Lúcia.

The action began to be judged by the virtual plenary last Friday (1st). The votes can be registered – including possible changes of who already counted them – until the end of today, when the judgment will be closed.

In August 2020, Minister Carmen Lúcia had an injunction endorsed by the majority of the Court regarding ADI (Direct Action of Unconstitutionality) 6529, which was filed in the Supreme Court by the Rede and PSB parties.

Carmen Lúcia determined that the bodies that make up the Brazilian Intelligence System “may only provide specific data and knowledge to Abin when the public interest of the measure is proven”, in addition to highlighting the security measures to contain the leakage of sensitive information.

“Even when the public interest is present, data referring to telephone communications or data subject to the reservation of jurisdiction cannot be shared in the form of the device due to that limitation, arising from respect for fundamental rights”, wrote the minister at the time.

Action in the Supreme

The subtitles asked the STF to restrict the sending of tax, bank, telephone and information about police investigations or from the Federal Revenue and Financial Activities Control Council (Coaf) database to Abin.

Articles of Law 9,883/99, which created the Brazilian Intelligence System and Abin, and mainly Decree 10,445, of 2020, which defined that the data requested by Abin would be provided whenever requested, were contested.

The joint application of the law and the decree expanded the agency’s powers, they argue. In the action, the parties claim that the decree was intended to promote the equipping of the State “with sensitive information about those who are not well liked by the ruler on duty.”

The Brazilian Intelligence System is made up of 42 bodies, including the Federal Police (PF), Armed Forces, ministries and Abin itself, which is responsible for strategic actions to protect borders and against terrorism, for example.

*With information from Agência Brasil