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Toffoli overturns the decision on financial intelligence reports


The Supreme Court of Justice, Minister Dias Toffoli, overturns a decision requesting information from the IRS and the former Coaf, the current Financial Intelligence Unit (FIU), which gave him access to some 600,000 sensitive data from Brazilian taxpayers. .

Minister Dias Toffoli cancels decisions on financial intelligence reports
G.Dettmar / CNJ Agency

In practice, Coaf, which was renamed by the Jair Bolsonaro government to the FIU, sent the minister a key to his electronic system so that he could refer to 19,441 financial intelligence reports (RIFs) issued from October 2016 to October 2019.

"In the light of satisfactory information from the FIU, in response to this Court's request, on 11/15/19, I render the decision ineffective 10/25/19, a copy of the Financial Intelligence Reports (RIFs), sent over the last three years , ”Toffoli said in a new decision on Monday (18/11).

The Minister also stated that "did not perform the necessary registration and never had access to the intelligence reports". The FIU confirmed in a statement that the Supreme Court had not yet heard the reports, since the "receiving authority" did not register to gain access to the system.

The request is rejected

Last Friday (15), the Attorney General of the Republic requested Augusto Ara's reconsideration of the request of the President of the Supreme Court. But Toffoli rejected the request for reconsideration and requested new information from the Finance Office, now available. According to the Minister, the documents have already been made available, in the form of tax returns for criminal purposes (RFFP), for the entire judiciary.

"Therefore, by providing this information to the court, the IRS has shown transparency in communicating the addressees for their actions, which would hardly know a disproportionate and invasive measure."

In June, Toffoli interrupted all court proceedings in which investigative banking information was shared by supervisory bodies without the permission of the judiciary. The case is a secret for justice.

The theme should move the legal world in Extraordinary function 1,055,941 with general repercussions recognized (Theme 990) this Wednesday (20/11). The case concerns national suspension of all pending legal proceedings whose investigations used – without legal authorization and for criminal purposes – tax and banking information from taxpayers.

Click here to read the decision.
RE 1,055,941

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