Saturday , September 19 2020

Tofoli overturned the decision on financial intelligence reports


Supreme Court Chief Justice Diaz Tofoli overturned a ruling seeking information from the IRS and the former Koaf, the current Financial Intelligence Unit (FIU), which allowed him access to about 600,000 sensitive data from Brazilian taxpayers. .

Minister Diaz Tofoli overturned the decision on financial intelligence reports
G.Detmar / CNC Agency

In practice, Coach, renamed by the airline government of Balsonaro as FIU, sent the key minister for his electronic system to be able to refer to 19,441 financial intelligence (RIC) reports issued from October 2016 to October 2019.

"Having regard to the satisfactory information provided by the FIU in response to this court's request of 11/15/19, I render the decision ineffective on 10.05.2009, a copy of the Financial Intelligence (RIC) reports, delivered at the latest three years, "Tofoli said in a new decision Monday (18/11).

The minister also said he had "failed to make the required registration and never accessed intelligence reports". The FIU confirmed in a statement that the Supreme Court had not yet consulted the reports, as the "receiving authority" had not registered to access the system.

Request denied

Last Friday, the Republic's Attorney General, Augusto Aras, called for a re-examination of the request by the President of the Supreme Court. But Tofoli denied the request for reconsideration and requested new information from the financial agency, now available. According to the minister, the documents have already been made available, in the form of tax representations for criminal purposes (CRPP), to the entire justice system.

"Therefore, by submitting this information to the court, the IRS has shown transparency in communicating the addresses of its proceedings, which would be difficult to characterize as a disproportionate and invasive measure."

In June, Tofoli terminated the entire lawsuit in which investigative bank data was shared by control bodies without judicial authorization. The case is a secret of justice.

The topic should move the legal world into Extraordinary feature 1.055.941 with general repercussions acknowledged (Topic 990) this Wednesday (20/11). The case concerns the national suspension of all ongoing legal proceedings whose investigations have used – without judicial authorization and for criminal purposes – tax and bank data from taxpayers.

Click here to read the decision.
RE 1.055.941

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