Fux orders Senate to reveal visit records of Lulinha and wife of.
STF Justice sets 10-day deadline for Senate to respond to request for access to entry and exit data
The case gained national prominence after Curitiba councilman Guilherme Kilter filed a writ of mandamus against the Senate's refusal to provide entry and exit records for certain individuals. The request, initially rejected based on the General Data Protection Law, reached the Supreme Federal Court, where Justice Luiz Fux set the course of the dispute.
What Justice Fux decided
On Wednesday (23), STF Justice Luiz Fux ordered the President of the Senate, Davi Alcolumbre, to present, within 10 days, the access records to the floor and senators' offices regarding a list of names. The decision validates the writ of mandamus filed by Kilter and indicates that, so far, no violation of privacy or personal information has been observed.
Who is on the request list
The requested names include the son of Luiz Inácio Lula da Silva, Fábio Luís Lula da Silva (known as Lulinha), lawyer Viviane Barci de Moraes – wife of Justice Alexandre de Moraes –, former banker Daniel Vorcaro, religious figure José Ferreira da Silva (Frei Chico), Antonio Carlos Camilo Antunes (nicknamed Careca do INSS), and others investigated in the inquiries into Banco Master and the INSS.
Reason for the Senate's refusal
The President of the Senate justified the initial refusal by claiming the protection of personal data, based on the Access to Information Law and the General Data Protection Law. Kilter argued that the refusal was illegal, as access records constitute facts of public life, relevant for social control.
Why the case reached the STF
The Federal Court of Paraná declared itself incompetent to judge the action, forwarding it to the Supreme Federal Court. The original rapporteur, Alexandre de Moraes, recused himself because it involved his wife, citing the Code of Civil Procedure, which prevents a judge from acting when a spouse is a party. Thus, Fux took over as rapporteur.
Next steps
In addition to demanding the Senate's statement, Fux also ordered that the Federal Prosecutor's Office be heard within 10 days. The content of the records must be analyzed in light of transparency and collective interest, according to the plaintiff's argument.
With information from G1, Poder360.
Source: G1, Poder360