The Attorney General, Augusto Aras, reported on Monday (18) to the Supreme Court (STF) that the Federal Prosecutor's Office in all states received 972 financial intelligence reports sent spontaneously by the Financial Intelligence Unit (FIU). , former Coaf (Financial Activities Supervisory Board).
Aras responded to a piece of information requested by Minister Dias Toffoli, the Supreme Court president, on Saturday on the exchange of sensitive information between the FIU and the Federal Public Prosecutor's Office.
According to the prosecutor, the IMF never orders a financial intelligence report (RIF) from intelligence agencies – it only asks for additional information or clarification.
Aras also stated that the communications received did not include full financial statements and rejected the possibility of "recklessness" in the movement of taxpayers.
The Chief Justice, Minister Dias Toffoli, has ordered the Central Bank to send reports created in the past three years by the former Coaf, gaining access to confidential information from 600,000 taxpayers and companies. The measure has sparked controversy, with Aras calling for the decision to be overturned on Friday (15). Toffoli declined and asked for additional information.
Toffoli ordered PGR to provide information on how many and which members of the institution receive tax reporting, how many reports were received spontaneously and how many were requested.
According to information released by the PGR, the agency has informed the Supreme that in the past three years, the federal public prosecutor has been the recipient of 972 financial intelligence reports, all of which spontaneously sent to FIU, of which 362 were received in 2017; 339 were received in 2018, and 271 this year.
PGR stated from a document sent to Toffoli that FIU communications do not include complete financial statements of a particular customer, only provide information on situations that were considered atypical or suspicious and include indications of resources arising from illegal activities. .
"It is technically impossible for an agency to carry out any & # 39; recklessness & # 39; in other people's banking transactions, even because they do not have access to that information," Aras says in the document.
Aras also said, according to the MPF, that reports were sent to the agency "always automatically, in secure electronic means and using an encrypted communication channel."
When registered in the system itself, they are classified as confidential so that only the prosecutor in charge of the case has access to the information.
The plaintiff also states that "the activity of exchanging information between the FIU and the competent authorities does not allow the financial information to be disseminated or channeled arbitrarily, but merely to correct any material errors."
As for who received the information, Aras informed that each MP had plaintiffs registered, but since the MPF has autonomy in the states, intelligence agencies should inform who received the reports.
How information is received
According to the prosecutor, MPF members who have access to the data must fill out, sign and submit their own form to the FIU before they have access to any information.
Aras says the IMF does not solicit information from the Intelligence Financial Unit, but only receives it. Even when it comes to sharing information, using the term "RIF on demand" is not a custom report. "Quite the opposite: & # 39; It is still carried out ex officio & # 39; by the Financial Intelligence Unit," he says.
On the correctness of the duty of the members of the Federal Public Prosecutor's Office in procedures relying on intelligence reports and tax representatives prepared by the IRS, the lawyer claims that he sought information from the MPF's Home Office.
Aras also states that the IMF follows current legislation and is in line with Recommendation 29 of the International Financial Action Task Force (Gafi) on the need for data protection.
"The federal prosecutor's office respects current rules regarding the security and confidentiality of information received, ensuring that access to its facilities and information, including information technology systems, is restricted," he says.