Minister Alexandre de Moraes, of the Federal Supreme Court (STF), voted this Friday (11) to reject two appeals from former president Jair Bolsonaro (PL) in investigations in which he is the target.
In one of the appeals, Bolsonaro asks for access to statements from the former aide-de-camp, Mauro Cid, given in the plea bargain agreement.
Cid’s denunciation is used in several investigations targeting Bolsonaro, supporters and former assistants,
In the other appeal, the former head of the Executive appeals against a decision by Moraes that ordered – to the Federal Police (PF) – the sending of a “detailed report” with the analysis of the material collected in the breach of Mauro Cid’s telematic confidentiality.
In this appeal, Bolsonaro’s defense asks that this report not be included in the investigation and that the case be archived, in response to a request from the Attorney General’s Office (PGR).
The investigation in question is the one investigating the alleged leak of a confidential PF investigation into a hacker attack on the Superior Electoral Court, which took place in 2018.
The PGR requested that the investigation be archived in February 2022.
Moraes’ votes were presented in a virtual session of the first class of the STF, which began this Friday (11) and runs until October 18. In the format, there is no debate between ministers.
Flávio Dino, Cristiano Zanin, Cármen Lúcia and Luiz Fux still have to vote.
Cid’s statement
In the appeal requesting access to Mauro Cid’s testimony, Moraes said that Bolsonaro’s defense cannot have access to the information because the investigation is still ongoing.
“Investigations related to these general topics are in regular progress in this SUPREME COURT, with several steps in progress, which, in terms of the reasons outlined above, prevent access, by the aggravators, to the statements of MAURO CÉSAR BARBOSA CID within the scope of collaboration awarded”, said the minister.
According to Moraes, the legislation established the confidentiality of testimony in plea bargains, obtained through collaboration of the same type, “for the purpose of guaranteeing the success of investigations”.
Confidential investigation leak
In the other appeal, Moraes said that he had already ordered the PF to analyze the breach of confidentiality of Cid’s data before the PGR asked for the case to be closed.
“In this case, it appears that this is not a new investigation, but merely a measure already determined on 10/31/2021, at the request of the police authority, without, however, full compliance,” he stated. “Therefore, there is no way to talk about this Rapporteur conducting the investigation ex officio”.
Moraes said that the presentation of the “detailed report” analyzing the material “will provide the accused with all the elements that served as the basis for the Federal Police’s conclusion, at the end of the investigation, including those not used in the act and that could be beneficial.”
The breach of confidentiality of Cid’s virtual data was determined in October 2021, at the request of the PF. The investigators, however, did not submit a report of this material in the process.
In February 2022, the corporation concluded the investigation. According to the report, Bolsonaro (PL) and federal deputy Filipe Barros (PSL-PR) committed the crime of leaking confidential data.
The PF did not request the indictment of the then president and deputy, as it understood that prior authorization was necessary for this.
The request to archive the investigation was made by the then Attorney General of the Republic, Augusto Aras, in February 2022.
The assessment of the then PGR was that what was presented by the PF, which pointed out the existence of a crime committed by Bolsonaro, does not comply with the constitutional, legal and infra-legal precepts that govern matters relating to the secrecy of police investigations.
