STJ denies injunction to force Dino to provide images of 8/1 to CPI

Justice

Minister Regina Helena Costa, from the STJ, rejected an injunction request from 16 parliamentarians to obtain images captured from the Palace of Justice

Brasilia DF) – The minister of the Superior Court of Justice (STJ) Regina Helena Costa rejected the injunction requested by 16 senators and federal deputies from the parties PL, Republicans, Novo, União Brasil and PP so that the Minister of Justice and Public Security, Flávio Dino, handed over all the content captured and recorded by the cameras of the Palace of Justice’s security and monitoring system on January 7th to 9th, 2023.

The requests had been approved by the Joint Parliamentary Commission of Inquiry (CPMI) established to investigate the acts that occurred on January 8, 2023, at the headquarters of the Three Powers of the Republic.

In the writ of mandamus filed against the Minister of Justice, the parliamentarians – all members of the CPMI – allege that the aforementioned requirements were not fully met, as the content of all the ministry’s cameras was not made available during the period.

For Minister Regina Helena, however, no omission on the part of the Minister of Justice in providing the requested images was demonstrated. The rapporteur stated that she had not verified, in the request, the prerequisites for granting the injunction: relevant basis (fumus boni iuris) and risk to the effectiveness of the writ of mandamus if it were to be granted (periculum in mora).

STJ minister cites contractual support

As highlighted by the minister of the STJ, the Minister of Justice informed in the process that the contract with the company responsible for the security cameras, signed in 2018, provides for the storage of images for possible audits for at least 30 days, after which it can be the rewriting process will automatically occur.

Based on this contractual support, only records indicated as relevant by the competent authorities were preserved, within the deadline, for the investigation of ongoing police investigations, all of which had already been forwarded to CPMI.

Furthermore, he highlighted that on the CPMI page on the Senate website, it is possible to verify that the respective work continues to be carried out regularly, with a final deadline scheduled for November 20th, eliminating the danger of damage due to the failure to grant the injunction request.

If the injunction is denied, the merits of the writ of mandamus will still be judged by the First Section.

*With information from Metrópoles

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