Toffoli votes to preserve messages from Lava Jato

Minister Dias Toffoli, of Supremo Tribunal Federal (STF), voted to consider the request of the PDT to confirm definitively the injunction that guarantees the permanent custody of the evidence obtained in Operation Spoofing. The decision, delivered in court in the virtual plenary, represents an important step in the dispute over the fate of messages attributed to members of Lava Jato and obtained by hackers.

In his vote, Toffoli stated that "the decommissioning of the material seized in the Spoofing operation would also matter in violation of the principle of broad defense, in that it would deprive defendants and investigated under the Lava a Jato operation of the right to use it in their favor, even if it consisted of unlawfully obtained evidence." The statement was highlighted in the official trial document.

The case originated in August 2019, when Minister Luiz Fux granted an injunction to ensure the storage of evidence. In the new analysis, the Procurator General of the Republic (PGR) expressed the opinion that the action was not followed, citing that the path chosen by the party would not be appropriate. Despite this, Toffoli diverged and voted for the definitive confirmation of the injunction.

Context of the judicial dispute

Operation Spoofing investigated the invasion of electronic devices by authorities and prosecutors of the Lava Jato task force. The material obtained by the hackers includes messages that raised questions about the conduct of prosecutors and then-judge Sergio Moro. Since then, defendants and investigators have sought to use this content in their defenses, while other sectors defend the uselessness of evidence because it was obtained illegally.

The Fux injunction in 2019 determined the preservation of the collection, preventing its destruction until the final decision. The current judgment assesses whether this protection should become permanent. The vote of Toffoli, the rapporteur of the case, is the first to be cast and can influence other ministers.

Arguments for Toffoli's vote

Toffoli based his vote on the principle of broad defense, provided for in the Constituição Federal. Even if the evidence is of illicit origin, the defendants have the right to use it in their favor, since the defense cannot be curtailed. "The decommissioning of the material seized in the operation Spoofing would also matter in violation of the principle of broad defense," the minister reiterated.

The magistrate also considered that the destruction of the collection could cause irreparable damage to ongoing proceedings. He stressed that permanent custody does not mean validating the evidence, but only ensuring that it is available for judicial review when necessary. The source did not detail whether Toffoli addressed other technical aspects of the application.

Position of the RMP and the TDP

The Prosecutor General’s Office stated that the action was not followed, arguing that the procedural path chosen by the PDT would not be appropriate. According to the PGR, the party should have used another legal instrument to question the injunction. However, Toffoli’s vote rejected this preliminary and analyzed the merit of the request.

The PDT, author of the action, argues that the preservation of messages is essential to guarantee the transparency and the right of defense of those involved in the Lava Jato. The party argues that the material may reveal irregularities in the conduct of investigations and therefore should be kept in the custody of the STF.

Next Steps in the Trial

With Toffoli’s vote, the trial continues in the virtual plenary of the STF. The other ministers have a deadline to speak out, and the final result will depend on the majority. If Toffoli’s thesis prevails, the injunction of Fux will be definitively confirmed, and the collection will remain in judicial custody.

The decision will have a direct impact on dozens of cases in the Justiça Federal and higher courts. Defendants of Lava Jato may request access to the material to substantiate appeals and criminal reviews. The source did not detail when the trial will be completed.

Impact and importance of the case

The fate of the messages of Operation Spoofing is one of the most sensitive topics of the Brazilian legal scenario. On the one hand, there is the understanding that unlawful evidence cannot be used in judgment; on the other, the defense argues that the right to broad defense prevails. The Toffoli vote signals a tendency to protect the collection, but there is still no final decision.

To the average reader, the decision may seem technical, but it defines whether information that has shaken Lava Jato’s credibility will remain accessible for judicial review. The case also tests the boundaries between the legality of the evidence and the right of defense, a debate that interests the whole society.

The Boca no Trombone portal will continue to follow the trial and bring updates as new votes are cast. Meanwhile, the virtual plenary of the STF is expected to complete the analysis in the coming weeks.

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