Misuse of the jurisdiction of the High Court, breach of the chain of custody, Guardian System fraud – used for telephone interception by the federal police – and allegedly false reporting of information to a magistrate. These are some of the irregularities pointed out by the defendants' defense in the process that culminated in Judge Gabriela Hardt's sentence, annulled by the 8th Chamber of the Federal Court of the 4th Region.
The prosecution arising from a Federal Police operation seeking to investigate an alleged fraud scheme related to the Confiancce Institute, a Civil Society Organization of Public Interest that has entered into agreements with municipalities of Paraná, collects many more problems than the sentence “copy and paste”. ”Presented by Hardt. The guarantor is the lawyer Rodrigo Castor, one of the defenders involved in the trial in partnership with Raphael Ricardo Tissi.
For Castor, the process is marked by “scandalous practices” of the PF. Starting with the illegal telephone interception of Fernando Augusto Mello Guimarães, of the Court of Auditors of the State of Paraná, husband of one of the investigated and with prerogative of forum. Although the counselor was not investigated, the defense proved that he had calls picked up and recorded by the police as if they were made or received by his wife's phone.
Proof of the usurpation of competence was proved by the telephone extract of the counselor's son, which shows that the calls presented by the PF were intercepted by calls from the functional telephone of the TCU member of Paraná, and not his wife's.
The problematic investigation was conducted by Deputy Márcio Anselmo, who requested permission for the staples and was attended by the then federal judge of the 13th Stick of Curitiba and current Minister of Justice Sergio Moro. Among the permissions granted by the now minister is none involving the TCE-PR advisor. Moro and Anselmo were involved with the case practically until the end of the investigation.
In reviewing the case, Hardt, a replacement shortly after Moro's departure – is now the head judge Luiz Antonio Bonat -, ordered the PF to open an investigation to determine if there was fraud. Nevertheless, he sentenced the defendants to a later annulled sentence.
The magistrate relied on information presented by the PF that the Guardian System would be "inviolable".
Another very sensitive point in the process is the suspected Guardian System fraud. The appeal presented by the defenders to the TRF-4 lists a number of evidences that point out that the information released in the PF telephone monitoring system has been manipulated.
In the play, the defense argues that “The evident tampering of the data extracted from the information from the system indicates that such calls were intercepted from the counselor's wife's telephone, while the calls were picked up from the counselor's own telephone, thus being untrue information, as was the case. fully verified with the respective telephone statements, which completely removes the hygiene in the telephone interceptions implemented during the trust operation ”.
Evidence gathered by the defense shows that there are countless intercepted calls – possibly without judicial authorization – and thousands more calls from unidentified interlocutors.
In his vote, the rapporteur of the case, Judge João Gebran Neto, concluded that "there is no alternative but to annul the sentence and to determine the execution of the above mentioned measures, after which another sentence is rendered, with the examination of the technical question".
Click here to read the judgement
5062286-04.2015.4.04.7000 / PR