Stalled Congressional Bill Would Bar Intelligence Reports from Criminal Investigations

A bill regulating intelligence work in Brazil has been stalled in the Senate since July, even though its text is ready for consideration by the full chamber. The proposal would prohibit intelligence reports from being used in criminal proceedings.

If the bill were already in force, a Federal Police report used by Supreme Federal Court Justice Alexandre de Moraes against fellow Justice André Mendonça could not be included in the inquiry. The report’s author, Senator Nelsinho Trad of the PSD party in Mato Grosso do Sul, has completed the text, but it has not been placed on the agenda.

The bill would bar intelligence agencies from conducting evidentiary measures for criminal prosecution. Its justification distinguishes intelligence activity from criminal investigation: intelligence gathers information to support decision-making, while investigation seeks to identify responsibility and establish the material existence of crimes for use in inquiries.

“Although they use similar methods, the objectives of intelligence activity and criminal investigation are completely distinct,” the proposal says.

The Federal Police’s use of intelligence reports has angered intelligence officials, including personnel from the Brazilian Intelligence Agency, Abin. They say the issue reflects a dispute over institutional space and argue that intelligence should be reserved for specific strategic cases, including external threats, violent extremism and sabotage. Their assessment is that intelligence work has been trivialized, and that reports such as the one prepared by the Federal Police should remain fully classified rather than serve as evidence or support investigations of individuals.

“

Intelligence activity and criminal investigation have completely distinct objectives, even though they use similar methods.