The Minister of the Federal Supreme Court (STF) Alexandre de Moraes rejected this Friday (5) the request of the Attorney General’s Office (PGR) to close the investigation that investigates whether President Jair Bolsonaro leaked confidential data from a police investigation. Federal not yet finalized.
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. The Federal Police concluded in a report that Bolsonaro committed a crime by releasing the documents, but decided not to indict the president. See in the video below:
PF concludes that Bolsonaro committed a crime by leaking confidential data, but does not indict the president
Last Monday (1st), the PGR again asked the STF to close the case. In the document, signed by Deputy Attorney General Lindôra Araújo, the PGR stated that Minister Alexandre de Moraes had 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 this Friday’s decision, Moraes stated that the PGR itself agreed with the new measures determined in the investigation.
“In 4 (four) of the 5 (five) opportunities for the Public Ministry to act, the Attorney General’s Office manifested itself through Dr. Lindôra Maria Araújo, Deputy Attorney General of the Republic, who, through her knowledge, agreed with the aforementioned decisions, with no request for reconsideration, challenge or appeal within the appropriate procedural period”.
The minister stated that conflicting procedural actions are unacceptable.
“As if the occurrence of temporal estoppel were not enough, contradictory procedural behaviors are inadmissible and are subject to logical estoppel, given the evident incompatibility between the acts under examination, substantiated in the previous acceptance by the Attorney General of the Republic with the decisions rendered – having manifested five times his science – and his subsequent irresignation”.
According to Moraes, “the manifestation of the Attorney General’s Office, filed on August 1, is clearly extemporaneous”, that is, outside the procedural deadline for questioning.
The minister stated that in the investigation phase, the PGR cannot prevent other investigative authorities, such as the Federal Police, from acting to investigate certain facts.
“In the light of the Brazilian legal-normative system, unlike what is alleged by the illustrious Deputy Attorney General of the Republic, the pre-procedural (investigative) phase is not confused with the ownership of public criminal action, whose promotion, in constitutional terms, is private. the Public Prosecutor’s Office, which, as dominus litis, must form its opinio delicti from the evidence obtained in the investigation; without, however, having a constitutional attribution to impede or impede the activity of the Judiciary Police,” she wrote.
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