STF rejects appeals and maintains secrecy in video of confusion with Moraes in Rome

The Federal Supreme Court (STF) formed a majority, this Friday (23), to keep the video that shows the confusion involving minister Alexandre de Moraes at Rome International Airport confidential. The case occurred in July 2023, when Moraes, who was accompanied by family, reported having been harassed by three Brazilians.

The trial takes place in the virtual plenary and will end at 11:59 pm this Friday. The majority of ministers chose to maintain the decision of Dias Toffoli, the case’s rapporteur, who removed the confidentiality of the case, but kept access to the images sent by the Italian authorities of the alleged aggression limited. In October, Toffoli determined that the parties could only view images within the STF premises, without the possibility of making copies.

The Attorney General’s Office (PGR) and the defense of the Mantovani family appealed to the Court against the limitation on access to the material. The PGR also questioned the inclusion of Moraes as an assistant prosecutor in the process. The trial began on the 16th. The rapporteur voted to reject the appeals and maintain his decision.

Moraes declared himself impeded and did not participate in the analysis of the appeals. Minister Flávio Dino also did not participate because he was sworn in after the analysis of the resources had begun. Ministers Gilmar Mendes, Edson Fachin, Cármen Lúcia, Luiz Fux and Luís Roberto Barroso followed Toffoli’s understanding.

Minister Cristiano Zanin also followed the rapporteur’s vote. Zanin presented a vote and highlighted that, “in principle, it is up to the technical defense of the person being investigated to verify the elements that are of interest to him”, however, “at least at this specific moment in the case”, the PGR and the defense cannot have the video obtained by airport security cameras.

Ministers André Mendonça and Nunes Marques partially disagreed with Moraes. They argued that the PGR and the defense have access to the video and can make copies for technical analysis, as long as the content is kept confidential by the parties.

“I understand that permission for the defense to extract copies of the images, in itself, does not imply compromising the intimacy and private life of third parties, who were in a public environment, known to be monitored by security cameras, and who were not carrying out potentially vexatious or intimate acts,” Mendonça wrote.

PF concluded that businessman committed insult against Moraes’ son

The Federal Police (PF) sent the final report of the investigation to the STF on the 15th. According to the document, businessman Roberto Mantovani Filho committed the crime of “real insult” against Moraes’ son. However, delegate Hiroshi de Araújo Sakaki decided not to indict Mantovani, as it was a minor crime with potential offensive potential.

The PF stated in the report that Mantovani “directs himself incisively” towards the minister’s son and “hits him in the face with his right hand”, displacing his glasses. Mantovani’s wife, Andreia Munarão, son-in-law, Alex Zanata Bignotto, and son, Giovanni Mantovani, were also at the airport.

Investigators analyzed the images from the airport, but highlighted that the videos have no sound and, therefore, it is not possible to determine whether the others involved committed crimes. The slap given by the businessman would have been clearly captured in the images.