Project that regulates intelligence in Brazil prohibits the use of reports in criminal proceedings
Quick Look
- Bill in the Senate that regulates intelligence activity in Brazil prohibits the use of intelligence reports in criminal proceedings, which would prevent the use of the PF report against minister André Mendonça in the STF investigation.
- The text is ready for voting, but has not been scheduled.
AI-generated summary
Why It Matters
The project that regulates intelligence activity in Brazil has been stalled in the Senate since July and prohibits the use of intelligence reports in criminal proceedings, distinguishing the objectives of intelligence (decision advice) from criminal investigation (identification of authorship and materiality of crimes).
The project that regulates intelligence activity in Brazil, stalled in the Senate since July, prohibits the use of intelligence reports in criminal proceedings.
If the text were already in force, the PF (Federal Police) report used by STF (Supreme Federal Court) minister Alexandre de Moraes against his colleague André Mendonça could not be part of the investigation.
The report by senator Nelsinho Trad (PSD-MS) is ready for the plenary, but it is not scheduled. It prohibits "intelligence bodies from carrying out evidentiary measures for the purposes of criminal prosecution."
In justifying the project, the senator stated that, while intelligence aims to gather data to advise decision-making processes, the investigation seeks to identify the authorship and materiality of crimes to inform investigations.
"Although they use similar methods, the objectives of intelligence activity and criminal investigation are completely different," says the text.
The use of intelligence reports by the PF has irritated employees in the area, including those from Abin (Brazilian Intelligence Agency).
They state that there is a dispute for space and that intelligence must be used in very specific and strategic cases, such as external threats, violent extremism and sabotage.
The assessment is that intelligence work has been trivialized and that reports like the one prepared by the PF should be completely confidential, with no possibility of being used in investigations to produce evidence or investigate people.
What to Watch
AI outlook — possibilities, not facts
The project will be scheduled for a vote in the Senate in the coming months due to pressure from intelligence officials.
Possible · Within months
Open Questions
- When will the project be scheduled for a vote in the Senate plenary?
- What are the chances of approval of the project given resistance from public security sectors?
- How will Abin and other intelligence agencies act if the project is approved?
- Will the STF be able to question the constitutionality of a law that limits the use of intelligence reports in investigations?
