Supreme Court lifts confidentiality in Dark Horse case and gives Federal Police access to São Paulo investigation
Minister Flávio Dino authorised the Federal Police to access all material from the São Paulo investigation into the Dark Horse film, a biographical film about Bolsonaro.
Dino lifts confidentiality and centralises Dark Horse inquiry within Federal Police
Minister Flávio Dino of the Supreme Federal Court (STF) lifted confidentiality from the investigation into the use of parliamentary amendments in the financing of Dark Horse — a biographical film of former president Jair Bolsonaro — according to jota.info. In the same ruling, Dino ordered the São Paulo Department of Public Security to transfer to the Federal Police (PF) all raw material extracted from mobile phones and computers that were seized, as well as the investigation documents.
In making the investigation public, the minister invoked a precedent set by his colleague André Mendonça, who also made public inquiries under his responsibility, and by the president of the STF, Edson Fachin. Dino classified the move as a "shift in jurisprudence" and said he was adapting his conduct "in honour of the principle of collegiality".
The minister himself, however, made reservations about the measure. "I emphasise: it is a shift in jurisprudence in light of the tradition enshrined in the Code of Criminal Procedure, which certainly deserves deeper debate in the Plenary of the STF, both with regard to the scope of the presumption of innocence and the risk of damage to investigation efficiency," he wrote in the ruling.
Origin of the São Paulo inquiry
On 10 September, Dino took over the investigations being processed in the São Paulo Court of Justice (TJSP) concerning contracts entered into between the São Paulo City Hall — under the administration of Ricardo Nunes (MDB) — and non-governmental organisations linked to the film's production company. Jurisdiction shifted to the STF because Dino was already the rapporteur of the federal inquiry into the use of parliamentary amendments in the production of Dark Horse.
In late August, the minister had authorised the sharing of evidence between the São Paulo Civil Police and the Federal Police. The new ruling expands this access: the Federal Police now has in hand all material collected by the state-level investigation.
Deputy Mário Frias identified as central figure
Dino accepted the Federal Police's arguments that there is probative connection between the two inquiries. According to the Federal Police, there are indications of the formation of a single financial circuit for obtaining, circulating and concealing public resources, in which deputy Mário Frias (PL-SP) would be the central agent. The presence of a federal parliamentarian in the suspected scheme establishes jurisdiction with the STF.
The minister reflected, however, that the matter of broad publicity of ongoing investigations deserves more thorough debate in plenary, given the possible reduction in investigative efficiency and the effects on the presumption of innocence of those under investigation.
Source: Google News BR — São Paulo