In the document, signed by Deputy Attorney General Lindôra Araújo, the PGR states that Minister Alexandre de Moraes violated the accusatory system by determining new measures in the investigation.
Lindôra also denies that the performance of the head of the PGR, Augusto Aras, was irregular in asking for the investigation to be closed. For the prosecutor, the colleague acted in a technical, legal, exempt manner without “any [desejo] to harm or benefit certain persons”.
In August 2021, the president posted on social media the entirety of a Federal Police investigation that investigates an alleged attack on the TSE’s internal system in 2018 – and which, according to the court itself, did not pose any risk to the elections. By law, any public servant has an obligation to protect confidential information.
PF concludes that Bolsonaro committed a crime by leaking confidential data, but does not indict the president
In the same month, the ministers of the Superior Electoral Court (TSE) sent a crime report addressed to the Supreme Minister Alexandre de Moraes reporting the alleged criminal conduct attributed to Bolsonaro. After receiving the crime news, Moraes decided to open an inquiry to investigate the president.
The PGR asked for the investigation to be closed – contrary to an understanding by the Federal Police that, in a report to the STF, said it had found evidence that Bolsonaro committed a crime by disclosing confidential data.
In the first opinion of the Attorney General’s Office on the case, Aras stated that, even if the information had been disclosed in a “distorted” way by Bolsonaro, there would be no crime to be investigated. Remember in the video below:
PGR defends archiving investigation that investigates Bolsonaro for leaking confidential data
PGR appeal on trial
The PGR’s new position was sent to the STF in the context of a judgment in the virtual plenary of the Court.
Moraes included on the agenda an appeal filed by the Attorney General’s Office after the minister ordered the PF to complete the analysis of the cell phone of Bolsonaro’s assistant, Mauro Cesar Barbosa Cid – appointed as one of those involved in the organization of the live in which the leak took place. of data.
In the statement on this topic, sent to the STF at the time of the appeal, Lindôra Araújo defended the filing.
“In the specific case, the performance of the Attorney General of the Republic was strictly guided by a legal and impartial analysis of the facts, without any intention of harming or benefiting certain people. constitutional text, in the Criminal Procedure Code and in the Internal Regulations of the Federal Supreme Court”, he wrote.
Moraes gives PF 15 days to analyze Bolsonaro data leak messages
Lindôra also criticized the order of expertise determined by Moraes. In the order, the minister says that the material is essential for the PGR to analyze the case.
“Likewise, the Internal Regulations of the Federal Supreme Court, in article 231, §1, expressly provide that additional measures may be requested by the Attorney General of the Republic, with no provision for a ministerial attribution delegated to the Rapporteur, under penalty of affront to the accusatory constitutional system.
“In the specific case, the eminent Minister Rapporteur, date venia [com o devido respeito]ended up violating the accusatory procedural system, as it decreed investigative measures and shared evidence ex officio, without prior request from the holder of the public criminal action and even from the police authority that considered the investigation concluded, in addition to not considering the promotion of archiving of the Attorney General of the Republic.”