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STF imposes limits on data sharing of the Brazilian Intelligence System (Sisbin)

08/13/2020

The Brazilian Federal Supreme Court (STF), in the session held this Thursday (13), partially granted an injunction in Direct Unconstitutionality Action (ADI) 6529 to establish that the agencies that make up the Brazilian Intelligence System (Sisbin) can only provide specific data and knowledge to the Brazilian Intelligence Agency (Abin) when the public interest of the measure is proven, ruling out any possibility of these data serving personal or private interests. According to the decision, taken by majority vote, which gave interpretation according to the Constitution to the sole paragraph of article 4 of Law 9.883/1999, any decision that requests the data must be duly motivated, for eventual control of legality by the Judiciary.

The Justices also decided that, even if there is public interest, the data regarding telephone communications or subject to analysis by the Justice cannot be shared on the basis of article 4 of Law 9883/1999, which instituted Sisbin and created Abin, due to the limitation to fundamental rights. The STF also declared that, in the applicable hypotheses of supply of information and data to Abin, it is essential to establish a formal procedure and the existence of electronic security and access registration systems, including for the purpose of liability, in case of eventual omissions, deviations or abuses.

Sisbin

Abin is the central organ of the Brazilian Intelligence System (Sisbin), also formed by the Civil House, the Federal Attorney General (AGU), the Ministries of Foreign Affairs and Defense, the Federal Police (PF) and Federal Highway Police (PRF) and the National Agencies of Land Transportation (ANTT) and Waterway Transportation (Antaq), among other organs.

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