Minister Dias Toffoli, of the STF (Federal Supreme Court), decided on Wednesday (3) that the decisions regarding the investigation against Daniele Forcaro, owner of Banco Master, must, from now on, be evaluated by a judge.
The decision came after a request from the banker’s defense last Friday (28) to refer the investigations into the businessman to court.
The request was made after an envelope containing documents from a real estate company related to Deputy João Carlos Bacellar (PL-BA) was found during a search and seizure.
“In the face of an investigation allegedly directed against persons who have jurisdiction by virtue of their functional powers, as already reported by the state media, the jurisdiction of the Constitutional Court was established,” Toffoli said in the decision.
Basilar stated in a note that he participated in the creation of a fund dedicated to the construction of a real estate project in Trancoso, Porto Seguro (BA) area, but the deal did not advance. At the time, Forcaro expressed interest in getting a piece of the project.
The case was subject to judicial secrecy, and in recent days it began to be treated as confidential. With this change, part of the information about the procedural progress of the case is hidden from the public.
Despite the change, this kind of secrecy is not uncommon on the Supreme Court. Most investigations into parliamentarians fall under the same level. Although subject to the utmost confidentiality of public access, the Minister can further restrict access to the process internally.
Toffoli sent the case to the PGR (Public Prosecutor’s Office) for comment before a decision is made.
On Friday, Judge Solange Salgado da Silva, of TRF-1 (Federal Regional Court for the First District), ordered Forcaro released and said he should be monitored with an electronic ankle bracelet. The Federal Public Ministry filed an appeal against the release of the banker and requested the re-arrest of him and other executives.
Malek El Sayed was arrested on the 17th as he prepared to board a flight abroad. He was released after 12 days.
The judge explained that the suspicions regarding Forcaro were serious, but noted that the use of an ankle bracelet and other precautionary measures were sufficient.
Forcaro was arrested at Guarulhos Airport (SP) when he was heading to Dubai. When determining the release, the judge stated that the banker had proven that he had previously informed the Central Bank that he would travel to the United Arab Emirates, with the aim of meeting with businessmen interested in purchasing the Master.