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Toffoli denied reconsideration and asked Coaf for further clarification



The Chief Justice of the Supreme Court, Minister Dias Toffoli, refused a request to reconsider the decision which requested information from the IRS and the former Coaf, Financial Intelligence Unit (FIU) at this time. According to Toffoli, contrary to what was reported, Supreme did not have access to intelligence reports. In addition to rejecting the request, the minister asked the FIU for further clarification.

Nelson Jr./SCO/STF

According to press reports, Toffoli reportedly had access to more than 600,000 reports. In view of this, the Attorney General of the Republic, Augusto Aras, requested reconsideration. According to him, the Toffoli subpoena could threaten the financial intelligence system, because the action requested confidential documents without referring to specific needs or names, only to find out the methodology used by the Financial Intelligence Unit (FIU).

For Toffoli, the request was misplaced. According to him, the documents requested were available, in the form of tax representation for criminal purposes (RFFP), throughout the justice system. "Therefore, by giving this information to court, the IRS has shown transparency in communicating recipients of actions, which will hardly be a feature of disproportionate and invasive actions."

Regarding information provided by FIU, Toffoli reported that the agency only informed how its activities were carried out and that access to the report, without exception, depended on the registration of the competent authority beforehand. According to the minister, Agung did not register or have access to reports.

"It should not be overlooked that this process, precisely because it contains sensitive information that enjoys constitutional protection, is subject to confidentiality clauses, and therefore it is not necessary to consider the existence of any invasive actions with part of the Supreme Court, the country's largest judicial authority," he added .

Finally, Toffoli made a further request to the FIU, arguing that so far it was not clear in the process of information about the recipient of the report which was disseminated to the authorities.

That is why he asked FIU to inform, among other things, which agencies and agents were registered, how many reports were made officially and how many were requested and by which agents.

The Minister also requested that the MPF voluntarily report how many and which MPF members (by their position and function) were registered in the system; how many intelligence reports were received by the MPF through spontaneous reports sent by the official FIU; and how many reports the MPF received because of its own request.

Click here to read the decision.


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