The Attorney General’s Office appealed to the Federal Supreme Court, this Friday (9), against the decision of Minister Alexandre de Moraes that based the operation against businessmen sympathetic to President Jair Bolsonaro because of private messages exchanged by WhatsApp.
The PGR asks to cancel the entire operation and stop the investigation that has been conducted under secrecy by the STF against these businessmen.
Entrepreneurs were subject to precautionary measures of search and seizure, removal of banking and telematic secrecy, blocking of all bank accounts and social networks of entrepreneurs. All this took place, according to the PGR, without the prior knowledge and manifestation of the Public Ministry.
The PGR and Minister Alexandre de Moraes have presented different versions of the subpoena made to the Public Ministry. In a note, Moraes said that the process was indeed forwarded to the PGR before the operation was carried out.
The deputy attorney general, Lindôra Maria Araújo, who signed the appeal filed this Friday (9), has already manifested herself in the file saying that she was not aware of the process before the operation, since she was at an event when it was physically delivered to the Public ministry.
For the PGR, the fact that two investigated businessmen are also investigated in the investigation that investigates the performance of undemocratic acts is not enough to support the operations.
“The simple fact that two businessmen investigated in this Petition No. 10,543 are also being investigated in Inquiry No. 4874, in different factual and temporal contexts, is not enough for them to be investigated before the Federal Supreme Court on a new investigative front and, moreover, to bring to the special forum another 6 (six) individuals”, said the PGR.
Lindôra Maria Araújo made several criticisms of Moraes’ decision that supported the operation against the businessmen.
The Deputy Attorney General of the Republic accuses Moraes of having committed “a clear violation of the accusatory penal system and the principles linked to it, such as impartiality, inertia and isonomy, guaranteed by the constitutional order”
“In the case of the present Petition, the eminent Minister Rapporteur, data venia, ended up violating the accusatory procedural system, insofar as he decreed precautionary measures and investigative measures ex officio, without prior request from the holder of the public criminal action and even from the authority police,” said Lindôra.
The deputy prosecutor also said that it is not “admissible” for a search and seizure operation to be decreed “on the first day of the investigation”.
“It does not seem admissible that the search and seizure and all other precautionary measures, enacted on the first day of the investigation, are the first investigative steps when, in fact, they are only reserved for a more developed stage of the investigation after the collection. sufficient evidence of criminal authorship and materiality,” he said.
The deputy attorney general questions the veracity of the dialogues brought up in the report by the Metrópoles portal, which disclosed the conversations that would have taken place between these businessmen targeted by the operation. According to Lindôra, there are applications that can simulate conversations and create dialogues that did not exist.
“There are several applications that simulate and create Whatsapp conversations, with fictitious insertion of the name of the participants and the content of the messages, allowing their export and sharing as if they were true. It is not being said that this is the case in the case file, since it depends on investigation, but it is a feasible hypothesis and that should have been taken into account by the competent authorities”, he claimed.
The deputy attorney general also said that the measure decreed by Moraes “represents a kind of illicit state confiscation”, since there is “no proof of its criminal origin”.
Source: CNN Brasil
