Unafisco President Summoned by Police in STF Data Leak Probe

The summons, issued by Justice Alexandre de Moraes, comes after Cabral publicly criticized recent rulings made by the court. Investigators are focusing on potential breaches of data privacy and the possible misuse of sensitive information.

Cabral first voiced his concerns on Tuesday, February 17th, coinciding with a PF operation targeting four individuals suspected of involvement in the alleged data leaks. At that time, he cautioned against turning auditors into “scapegoats amid institutional crises or disputes that do not concern them,” expressing concern over what he deemed premature precautionary measures taken against those under investigation.

In subsequent interviews, Cabral leveled further criticism at the Supreme Court, stating to G1 that it was “less risky to investigate the Primeiro Comando da Capital (PCC)” – a major Brazilian criminal organization – than “high authorities of the Republic.”

He also told Valor that the investigation has “several flaws,” claiming some of those targeted shouldn’t have had access to confidential tax information. “I suspect there’s a lot of information circulating without a basis in reality. I don’t believe the Revenue Service gave access to those who shouldn’t have had it,” he said.

According to reporting from Valor, Cabral was not informed of the reason for the summons, and the case is proceeding under seal. However, within Unafisco, there is a belief that the summons is a direct result of his public statements this week.

The PF operation was authorized by Moraes following a request from the Prosecutor General’s Office (PGR). An audit is also underway within the Revenue Service to determine if there was any irregular access to the information. Authorities are currently investigating the motivation behind the alleged unauthorized access, including whether it was politically motivated or if the data was sold.

Those Targeted in the Investigation

Those targeted in the operation include Ruth Machado dos Santos, a Revenue Service employee in Guarujá; Luiz Antônio Martins Nunes, a technician from the Federal Data Processing Service (Serpro) in Rio de Janeiro, assigned to the Revenue Service; Ricardo Mansano de Moraes, a Revenue Service auditor since 2007; and Luciano Pery dos Santos, a Social Security technician working at a Revenue Service delegation in Salvador.

On Thursday, February 19th, the Revenue Service decided to remove Mansano from his position as Substitute Head of the Credit Management Team at the Revenue Service delegation in Presidente Prudente, São Paulo. The official reason for the removal was not specified in the official notice.

Mansano reportedly told colleagues he mistakenly accessed data belonging to the stepdaughter of Justice Gilmar Mendes, the daughter of his ex-wife, Guiomar Feitosa, while attempting to find information on someone with the same name from 2008. He claims he received a notification indicating the individual was a “politically exposed person.”

Ruth Machado dos Santos, meanwhile, denied leaking information about family members of Supreme Court justices and claimed she did not improperly access data belonging to Viviane Barci, the wife of Justice Alexandre de Moraes, in a statement to the Federal Police.

During questioning on the same day as the operation, she stated she was assisting another individual at the time the alleged unauthorized access was recorded.

She told investigators she was occupied with another task during the time of the access and provided evidence of the ongoing assistance. Ruth stated she did not know the other individuals targeted in the operation and had no connection to them.

Her defense team noted she has nearly 32 years of public service, with a career marked by “correctness, discretion and absolute respect for the rules governing the Public Administration.”

They also stated she has never faced disciplinary proceedings and has no “political-partisan ties, history of militancy or ideological engagement that could, even in theory, suggest a political motive.”

Attorney Diego Scarpa expressed confidence that the investigation will proceed with “serenity, responsibility and respect for the constitutional guarantees of due process” and that Ruth’s innocence will be established.

By order of Moraes, the suspects have had their bank, tax, and telecommunications records seized and are required to wear electronic monitoring devices, with restrictions on nighttime and weekend movement. They are also prohibited from leaving their cities and are barred from entering Revenue Service and Serpro facilities or accessing their systems.

The information regarding the leaks was sent to Moraes by the Revenue Service after the minister requested the agency investigate whether the data of justices, family members, and Prosecutor General Paulo Gonet had been improperly accessed.

“Numerous and multiple illicit accesses to the system of the Federal Revenue Secretariat of Brazil were found, followed by the subsequent leaking of confidential information. Initial investigations show, according to a report sent by the Revenue Service to the STF, the existence of ‘blocked accesses for which the responsible areas have not identified functional justification,’” the Supreme Court said in a statement.

Sources within the STF indicated some justices privately questioned the scope of Moraes’s order, arguing it lacked legal basis. “This is the same as breaking confidentiality in one’s own cause and scrutinizing the lives of numerous people,” one justice reportedly said.

Another magistrate stated that the order “makes no legal sense,” describing it as overly broad and encompassing all ten current justices on the court. “If that’s the case, who is competent [to give the order]? The Pope?” the justice reportedly quipped.

A third justice noted that while the timing is unfavorable, given the STF’s frequent presence in the news and its recent internal crisis stemming from a potential recording of a secret meeting regarding the Master case, Moraes’s primary goal appears to be determining whether there were illicit breaches of confidentiality against justices.