Post by xyz2900 on Feb 11, 2024 11:14:49 GMT
The acting president of the Federal Supreme Court, Minister Ellen Gracie, denied the injunction for the Fundação dos Economiários Federales — Funcef, which was intended to prevent the breach of secrecy of the entity determined by the CPI dos Correios. The request for an injunction in Writ of Mandamus challenged the approval of application. According to the CPI's decision, Funcef, which is a pension fund for Caixa Econômica Federal employees, would have ten days to send the information to parliamentarians. As the entity was notified of the decision on December 15th, the deadline would expire this Thursday. In the Writ of Mandamus, Funcef maintained that there was “a lack of specification between the relationship of illicit acts, object of investigation by CPMI, with FUNCEF and the lack of concrete specification of a precise fact and justification for the breach of banking, tax, telephone and negotiation”.
However, the minister stated that, preliminarily, she did not envisage the alleged lack of justification highlighted and the lack of connection between the illicit acts highlighted by CPMI and the contracts requested by parliamentarians. “It is that in cases similar to this mandamus, it has been recognized, supported by the jurisprudence of this Court, that the Parliamentary Inquiry Commission Belize Email List is not prevented from extending its work to facts that, in the course of the investigative procedure, relate to illicit facts or irregular, as long as they are related to the determining cause of the creation of the CPMI”, pointed out the minister. For Ellen Gracie, given the absence of elements that point to the illegality of the contested act, there would be no way to accept, in principle, the supposed arbitrariness.
Finally, it should be noted that the parliamentary act that entails the transfer of banking, tax and telephone secrecy arises from the powers of investigation conferred by the Federal Constitution (art. 58, § 3), to the Parliamentary Commissions of Inquiry”, he said the acting president. Finally, the minister recalled that the information to be received by CPMI, due to the secrecy to which it is subject, must be safe from undue publicity. “They (the CPMIs), however, cannot give undue publicity to records covered by the reservation clause.The judge states that the pieces were in the possession of the Banco Santos Cultural Institute from 2002 to 2004, pursuant to an Iphan ordinance. And that, despite the mandatory renewal of the ordinance, considered illegal by Sanctis, Iphan did not take any measures to regularize the situation.
However, the minister stated that, preliminarily, she did not envisage the alleged lack of justification highlighted and the lack of connection between the illicit acts highlighted by CPMI and the contracts requested by parliamentarians. “It is that in cases similar to this mandamus, it has been recognized, supported by the jurisprudence of this Court, that the Parliamentary Inquiry Commission Belize Email List is not prevented from extending its work to facts that, in the course of the investigative procedure, relate to illicit facts or irregular, as long as they are related to the determining cause of the creation of the CPMI”, pointed out the minister. For Ellen Gracie, given the absence of elements that point to the illegality of the contested act, there would be no way to accept, in principle, the supposed arbitrariness.
Finally, it should be noted that the parliamentary act that entails the transfer of banking, tax and telephone secrecy arises from the powers of investigation conferred by the Federal Constitution (art. 58, § 3), to the Parliamentary Commissions of Inquiry”, he said the acting president. Finally, the minister recalled that the information to be received by CPMI, due to the secrecy to which it is subject, must be safe from undue publicity. “They (the CPMIs), however, cannot give undue publicity to records covered by the reservation clause.The judge states that the pieces were in the possession of the Banco Santos Cultural Institute from 2002 to 2004, pursuant to an Iphan ordinance. And that, despite the mandatory renewal of the ordinance, considered illegal by Sanctis, Iphan did not take any measures to regularize the situation.