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Senator’s defense goal Flávio Bolsonaro (Republicans-RJ), the tax auditor Christiano Paes Leme Botelho he was exonerated from the position of head of the Interior Office Federal Tax Service in Rio de Janeiro (Escor07).
Botelho is at the center of the senator’s new defense strategy, which according to him has evidence that his fiscal data was irregularly accessed before the investigation into the alleged “fissure” in his old cabinet in the Legislative Assembly began. from Rio de Janeiro.
Flávio’s lawyers do not accuse the auditor of accessing the senator’s data. But they pointed to the president Jair bolsonaro, the Office of Institutional Security (GSI) and the Office of the Attorney General of the Republic (PGR) similar cases that supposedly involved Botelho to reinforce the thesis of the existence of the practice.
The auditor had led Escor07 for at least 13 years. He was appointed as an influential name in the tax authorities who managed to stay in office on different terms.
The work coordinated by Botelho provided the working group of the Operation Car Wash Fluminense in two investigations against tax auditors on suspicion of collecting bribes during the performance of the tax authorities.
The first operation, Armadeira, arrested the auditor Marco Aurélio Canal, national supervisor of the Lava Jato Special Programming Team, a group responsible for imposing fines on those accused of the operation for tax evasion.
He was not involved in the investigations, but he was involved in the post-op target assessments.
The Canal auditor had his name cited last year in the case of files prepared by the Internal Revenue Service on 134 public agents, including Minister Gilmar Mendes, of the Federal Supreme Court (STF).
The pressure on Botelho increased after Flávio’s defense informed the president of the accusations against him that ran in a process of disillusionment in the National Union of Tax Auditors (SindFisco).
A union commission indicated that Botelho filed anonymous complaints against opponents and accessed fiscal data in an irregular manner to persecute opponents.
Flávio’s defense denounced the case to the president, GSI and PGR, noting that the Escor07 group benefited from the so-called “invisibility cloak”, a breach in the IRS system that restricts access to consultations made by auditors based in Internal Affairs such as in the tax investigations sector.
The Internal Revenue Ordinance provides that the “logs” (files that store the queries made to the tax system) of these servers cannot be consulted by the Audit and Internal Affairs members, in charge of monitoring and analyzing the irregularities in the agency.
Only the head of the tax authorities (the secretary of the Internal Revenue Service, the internal auditor, the deputy auditor general and a person appointed by them) can access the queries made by the investigators of the Internal Revenue Service.
The suspicion of Flávio’s team is that he was the victim of a practice similar to that revealed by messages obtained by “The Intercept Brasil” and analyzed by the newspaper “Folha de S.Paulo”, in which the lawyers informally obtained fiscal data confidential. Operation Car Wash.
In yesterday’s Official Gazette, the exemption appears as “on demand”. But the “Folha” report found that the departure was due to pressure following criticism from Flávio’s lawyers.
Flávio’s defense movement took place in August this year and aims to annul the investigation into the “cracking“.
The senator was charged with leading a criminal organization that collected part of the salaries of some of his former advisers in the Assembly. The embezzled money was used, according to the Rio de Janeiro Public Ministry, for Flávio’s personal expenses.
The schema operator would be Fabrício Queiroz, Flávio’s former adviser and friend of President Jair Bolsonaro.
The accusation for embezzlement, embezzlement, money laundering and criminal organization has not yet been analyzed by the Special Organ of the Court of Justice of Rio de Janeiro.
The lawyers called GSI and Serpro (Federal Data Processing Service) to try to obtain evidence of the alleged irregular access. Serpro maintains records of all inquiries to taxpayer data, the so-called “records”.
In a statement, Flávio’s defense indicated that he called GSI because the alleged irregular access was “practiced against a member of the family of the President of the Republic.”
The GSI said in a note that it was informally briefed by the defense of the senator’s case.
“In light of what was presented to us, what might seem a matter of institutional security, was configured as an issue, dealt with within the scope of the Internal Revenue Service, internal to that body and already prosecuted. Therefore, the GSI did not take any resulting action. It understood that, within its legal powers, it was not responsible for any action on the matter. “