Following the decision of Alexander de Moraes, SPS President Diaz Topoli approved the extension of the investigation period for another 90 days – the request was made on Monday (15) by Moraes himself.
Earlier, the Public Prosecutor's Office, Rakel Dodge, sent a document to the STF in which she defended the filing of an investigation, opened "ex officio", on the initiative of the President of the Court, Minister Diaz Topoly, who appointed Alexander de Moras as rapporteur .
"In the concrete case, the generic request for filing of the Public Prosecutor's Office is not constitutional and legally responsible, since the ownership of the public criminal offense excludes any investigation that is not required by the Public Prosecutor's Office," the minister said. "In view of the foregoing, I completely reject the request of the Public Prosecutor's Office," he added.
In the document, Rakel Dodge announced the filing of the investigation because he thought the investigation was illegal. But the investigation was opened by the Supreme, without the participation of the PGR, and the decision to archive or not will remain on the STF itself.
In a four-page verdict, Minister Alexander de Moras says that the filing of the investigation, as the prosecution wants, "found no legal support, in spite of being untimely and, on the basis of absolutely wrong assumptions, unconstitutional and unlawful, interpreted the rules of Court ".
According to the minister, the Public Prosecutor's Office can not submit an investigation for which it does not participate.
"In the current hypothesis, the generic request for filing of the Public Prosecutor's Office is not constitutionally and legally allowed, with the explanation that the public prosecutor's office is prevented from prosecuting an investigation not required by the Public Prosecutor's Office."
The minister said the subject of the investigation is "clear and specific" and stems from messages of false content against members of the Supreme.
"The purpose of this investigation is clear and specific, which consists in the investigation of false news, false communications for crimes, slanderous cancellations, threats and other offenses covered by animus chauunidi, diffamandi or immunards, who achieve the institutional integrity of the Federal Supreme Court and its members, "he said.
Moraes also defended "checking the expiry of information and confidential documents in order to ascribe and / or insinuate the practice of unlawful actions by members of the Supreme Court."
According to him, the investigation also seeks to determine leakage "by those who have a legal obligation to keep confidentiality and verification of the existence of schemes of financing and massive spreading in social networks, in order to harm or expose the danger of violates the independence of the judiciary and the rule of law ".
Alexander de Morales stressed that several tests were collected during the course, which began a month ago.
Dog defends the investigation filed for violations of PU