Detran headquartersRenata Cristiane
Published 03/05/2024 21:34
The Paraná Court blocked, without judging the merits, the Operation Tax Alta process, which targeted a fraud scheme at the Department of Transit (Detran).
The action was closed because the Federal Supreme Court (STF) annulled investigation evidence obtained by the Public Prosecutor’s Office from internet providers, which in practice nullified the complaint.
Elements that supported the accusations were compromised, such as search and location history of investigated businessmen, email content and photos.
“The reality is that after identifying the null evidence, in accordance with the decision of the Federal Supreme Court, there is no materiality or evidence of authorship capable of supporting the complaint”, wrote judge Cristine Lopes, from the 12th Criminal Court of Curitiba, when extinguishing the action.
The decision by the STF ministers had a ripple effect. According to the judge, the remaining evidence in the case is null “by derivation”.
“The evidence, although lawful, but resulting from other illegal evidence, thus considered to be obtained in violation of the standards that ensure its integrity, is considered tainted and must be removed from the process”, added the judge when responding to a request from the lawyer Daniel Gerber.
The closing of the action benefited 11 people, including businesspeople and former commissioned employees of Detran do Paraná.
The evidence was annulled because the STF ministers understood that the Public Prosecutor’s Office could not have directly demanded that internet providers preserve user information, without judicial authorization. The strategy had been used by prosecutors and prosecutors to prevent potentially useful content for investigations from being lost until the presentation and analysis, by the Court, of the request for breach of telematic confidentiality.
