Brazil AG asks to move "Abin paralela" probe to lower court

Brazil's Attorney General Paulo Gonet has asked Minister Alexandre de Moraes of the Supreme Federal Court (STF) to move the "Abin paralela" investigation to a lower court. Gonet argued that the only remaining authority with special jurisdiction in the case is former President Jair Bolsonaro, who has already been convicted in a related matter. He stated that the remaining aspects of the investigation focus on crimes against public administration, which do not require the Supreme Court's involvement.

Gonet explained that Bolsonaro was convicted for executing an authoritarian power project, with the diversion of state intelligence structures being a relevant part of it. He noted that other individuals, such as Army Sergeant Giancarlo Gomes Rodrigues and Federal Police Officer Marcelo Bormevet, were also convicted in October for their roles in the disinformation nucleus of the coup plot.

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O mesmo desfecho não é possível em relação aos demais investigados. Os fatos remanescentes, ainda não denunciados, não guardam relação imediata com a autoridade detentora de foro especial ou com a sua finalidade antidemocrática, ainda que remotamente possam tê-las favorecido

However, Gonet indicated that a similar outcome is not possible for other defendants. The remaining, unindicted facts are not directly related to an authority with special jurisdiction or the anti-democratic purpose, even if they might have remotely benefited them. The ongoing investigations, as outlined by the police, concentrate on offenses against public administration stemming from the violation of official duties, which do not warrant the Supreme Court's attention.

The "Abin paralela" structure allegedly operated between 2019 and 2022, implementing actions with a political bias. It reportedly involved federal police officers seconded to the Brazilian Intelligence Agency (Abin) and intelligence officials under the command of then-Director-General Alexandre Ramagem. This nucleus allegedly acted as a counter-intelligence hub, using state resources and tools to generate disinformation against opponents of the group, particularly those opposing then-President Jair Bolsonaro. The use of First Mile software, which monitors cell phone numbers for geolocation, was part of this operation. Some members also allegedly researched or disseminated information on social media against targets of this clandestine structure. A police report details suspicious episodes disconnected from normal intelligence service uses and questionable research. It also pointed to indications of irregularities in the acquisition of the First Mile tool and internal measures taken to conceal clandestine activities and hinder investigations. In January, the Comptroller General's Office (CGU) initiated administrative disciplinary proceedings and recommended the dismissal of at least 14 intelligence officers and federal police officers.

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As hipóteses investigativas pendentes, como se observa do indiciamento feito pela autoridade policial, concentram-se em ilícitos contra a administração pública, decorrentes da violação de deveres funcionais, que não justificam a atuação da Suprema Corte