Dino lifts confidentiality on investigation into producer of Bolsonaro film and cites PCC
Supreme Court minister Flávio Dino has ordered the lifting of confidentiality on investigative material concerning Go Up Entertainment, the production company linked to the Dark Horse film.
Supreme Court opens investigation into Dark Horse producer: PCC, amendments and Mário Frias
Supreme Court minister Flávio Dino determined on the last Sunday, 13th, the lifting of confidentiality on all investigative material received from the São Paulo courts concerning Go Up Entertainment — the production company responsible for the film Dark Horse, about former president Jair Bolsonaro. As reported by veja.abril.com.br, the decision covers elements gathered in an investigation into suspected misappropriation and concealment of public funds, with references to federal parliamentary amendments, the São Paulo City Council and possible links to the First Capital Command (PCC).
According to Dino, the procedure in question — identified as PET 16.669 — derives from another case, PET 16.070, aimed at controversies over transparency and traceability in the implementation of federal parliamentary amendments assigned to companies based in São Paulo. In an earlier decision, the minister had taken over an investigation conducted by the São Paulo Civil Police in light of indications of connection between the inquiries and the presence of a federal deputy among those being investigated.
Searches, seizures and transfer of evidence
The decision notes that the Civil Police carried out search and seizure warrants at addresses linked to the nucleus being investigated on 1st June. Part of the material obtained was the subject of a sharing request by the Federal Police, but the transfer had not yet been completed due to elements pending forensic extraction. Among the seized items are data extracted from mobile phones and other electronic equipment.
The document mentions financial transfers involving the company Complexsys, the Instituto Conservação Brasil (ICB), the Associação Nacional de Cultura (ANC) and federal deputy Mário Frias. The Federal Police maintain that these transactions may indicate a structure aimed at the circulation, fragmentation and concealment of public funds.
Mário Frias cited as central figure
Dino affirms that the elements presented to the investigation contain repeated mentions of federal deputy Mário Frias. According to the minister, investigators point out that financial transactions involving Frias and Go Up Entertainment would be incompatible with his declared income and with the credits identified in his accounts. The decision notes, however, that this is the hypothetical sphere of the investigation, and mentions that Frias would occupy, in this investigative line, a leadership role in the alleged criminal scheme.
For Dino, the elements gathered indicate that the different investigation fronts may comprise a single system. The decision cites financial and corporate connections between those involved, as well as the overlap of persons being investigated and facts ascertained. The minister evaluates that the maintenance of parallel investigations could hinder the understanding of the overall circumstances, delay access to evidence and generate duplication of proceedings.
Possible link with the PCC
Dino's decision also records references, in the files, to acts that would be interconnected with the PCC. For the minister, this possible connection would indicate an interstate dimension of the facts and would reinforce the work of the Federal Police. Dino considered sufficiently proven, at that procedural moment, the connection hypotheses provided for in the Code of Criminal Procedure.
Change in Supreme Court jurisprudence
In justifying the lifting of confidentiality, Dino cited an ongoing change in understanding at the Supreme Court regarding the public disclosure of documented investigations. He reproduced a decision by minister André Mendonça, according to which the publicity of Judicial acts stems from the Constitution, and stated he recognised a "jurisprudential shift" to which he must adapt out of respect for the principle of collegiality. For Dino, equal treatment of persons in equivalent situations also complies with the principle of equality before the law.
Practical determinations
In addition to removing confidentiality, Dino ordered that the Secretary of Public Security of São Paulo deliver to the Federal Police all raw material extracted from mobile phones seized by the Civil Police — including those whose examination has already been completed or is still underway. The minister also determined the transfer to Federal Police custody of mobile phones, computers and other documents, with the safeguards provided for in the Code of Criminal Procedure, and authorised the requisition of Financial Intelligence Reports (RIFs) from the Council for the Control of Financial Activities (Coaf).
Finally, the decision determines that all material received from the São Paulo courts shall henceforth proceed publicly in PET 16.669. Dino noted that the change in approach regarding the publicity of investigations will still need to be discussed in greater depth in the Supreme Court plenary, particularly regarding the scope of the presumption of innocence and the possible impacts on the efficiency of the investigations.
Source: Google News BR — São Paulo