11/23/2023 – 18:55
Minister Cristiano Zanin, of the Federal Supreme Court (STF), revoked this Thursday, the 23rd, the decision of the 6th Panel of the Superior Court of Justice (STJ) which, in practice, made it difficult to share data from the Control Council of Financial Activities (Coaf) with investigative bodies.
Zanin stated that the decision could make investigations more difficult and cause “serious implications” for Brazil in the international community.
“There is, in terms of financial intelligence, an international standard for combating money laundering, currency evasion, terrorism and drug trafficking which, with all due respect, was disregarded by the decision of the Sixth Panel of the Superior Court of Justice”, he wrote .
Before the decision, the minister received representatives from the Federal Police, the Central Bank and Coaf itself, who feared the “multiplier effect” of the ruling by the Sixth Panel of the STJ.
With Cristiano Zanin’s decision, the STJ must judge the case again. The discussion was raised in an investigation into money laundering against a beverage businesswoman in Belém.
The ministers of the Sixth Panel of the STJ understood, in a trial concluded in September, that Coaf could not produce reports at the request of the investigative bodies. The documents, in the judge’s opinion, could only be issued spontaneously, based on the identification of suspicious financial transactions.
Zanin’s decision responded to a request from the Attorney General of Pará, César Mattar, who claimed that the STJ ignored the jurisprudence of the Federal Supreme Court. The STF has already decided that Coaf reports can be issued spontaneously or based on requests from investigative bodies, even without judicial authorization.
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