ADPF requests impeachment of Attorney General Paulo Gonet in case involving PF report on Alexandre de Moraes and banker

The ADPF (National Association of Federal Police Delegates) asked this Saturday (5) that the Attorney General of the Republic, Paulo Gonet, declare himself prevented from acting in the procedures related to the facts in which he is cited within the scope of Operation Compliance Zero, regarding Banco Master.

On Friday night (4), Gonet told the president of the STF, Edson Fachin, that he had opened an investigation into a possible occurrence of order or external interference in the preparation of the Federal Police report that highlighted the relationship between Alexandre de Moraes and banker Daniel Vorcaro. In the report, the attorney general is also named.

The entity, which represents more than 2,300 Federal Police delegates, also requested the shelving of an external control procedure for police activity established by the PGR (Attorney General's Office) to investigate the PF's conduct in preparing a report on material seized in the operation.

In a statement, the association states that it views the opening of the procedure with "indignation and concern" and maintains that the measure has the "objective effect" of intimidating investigators.

According to the ADPF, the report questioned by the PGR was produced by order of the minister of the STF (Supreme Federal Court) who was the rapporteur of the case — André Mendonça. The entity states that the delegates and civil servants involved in preparing the document complied with a court order "within the strict limits established therein", without being able to decide on the convenience of what had been determined.

The association argues that external control of police activity, an attribution of the Public Ministry provided for in the Constitution, aims to guarantee legality and respect for fundamental rights, but does not establish a hierarchical relationship between members of the Public Ministry and police officers.

"It is not disciplinary power over delegates and agents and is not an instance of reviewing judicial decisions", says the note.

For the ADPF, if the PGR considers the decision that determined the preparation of the report to be irregular or understands that it should have been previously communicated, the questioning should take place in the process itself before the Supreme Court.

"Directing the questioning at those who complied with the order transfers to the executors a controversy that is not theirs and subjects the Court minister's decision to scrutiny in an oblique way", he states.

The association also maintains that there is an issue of impeachment because the report mentions the Attorney General of the Republic by name. The entity mentions article 258 of the Code of Criminal Procedure, which extends to members of the Public Ministry rules of impediment and suspicion applicable to judges.

Based on this argument, the ADPF asks the attorney general to declare himself impeded and stop carrying out acts, both as an inspector of the law and as responsible for the external control of police activity, in the procedures related to the facts in which he is mentioned.

The entity claims that it does not make any judgment about the PGR's intentions when initiating the procedure, but says that the measure produces an intimidating effect on those responsible for the investigations.

In addition to the attorney general's impeachment, the association requests that the external control procedure be archived, on the grounds that it would be an inappropriate way to question an act of the STF.

The ADPF also defends that the facts revealed by Operation Compliance Zero are fully investigated and "without selectivity regarding the authorities involved".

The entity also states that it will provide assistance to members eventually reached by procedures initiated in these circumstances.

"Ensuring that no one is held responsible for complying with a court order is not corporate defense: it is defense of the Brazilian State's ability to investigate without fear of retaliation", states the association.

On Tuesday (1st), Gonet asked for the nullity of the police report that deals with Daniel Vorcaro's conversations with Alexandre de Moraes.

When defending the nullity of the case, the attorney general said that Mendonça "used the police" to "impose the investigation" of his colleague, carrying out "activities that were not reported to him". "The judge is not responsible for accusing, even less is it for the judge to carry out pre-procedural investigations."