Toffoli argues hacked Lava Jato files should remain available to defendants

Toffoli argues hacked Lava Jato files should remain available to defendants
Supreme Court Justice Dias Toffoli has voted to permanently retain messages and other files seized in Operation Spoofing, rejecting the idea that their allegedly unlawful acquisition requires their destruction.

The material stems from a Federal Police investigation launched in July 2019 into the hacking of mobile phones belonging to officials connected to the Lava Jato anti-corruption operation. Among those targeted were former judge Sergio Moro and former prosecutor Deltan Dallagnol, according to the account of the case.

Toffoli’s central argument draws a distinction between the alleged criminal conduct used to obtain the messages and their possible value in court. While the hackers may have acquired the material illegally, he said it could still assist people investigated or prosecuted in Lava Jato-related cases. “Nothing prevents its use pro reo, as a means of defense, by those investigated and defendants before that court,” he wrote.

In that view, deleting the files could undermine the right to a full defense by denying defendants the chance to rely on potentially relevant evidence. Preservation, Toffoli also argued, serves a separate purpose: it keeps material that may be needed to establish the factual basis of the alleged hacking offenses.

The dispute reached the court after the Democratic Labour Party sought to block disposal of the seized files, amid reports that Moro, then justice minister, had indicated he might disregard the messages. Toffoli maintained that an executive order to destroy them would amount to improper interference in a matter for the judiciary.

The Supreme Court had already upheld an interim order by Justice Luiz Fux preventing destruction in June 2023. Toffoli now supports making that protection permanent, while rejecting the attorney general’s office’s argument that the case had become moot. Other justices had until November 23 to vote in the virtual-plenary proceeding.

https://brazil-test-hub.syndichain.com Brazil News Hub brazil-test-hub brazil-test-hub