The National Association of Federal Criminal Experts (APCF) released a note this Thursday (15) stating that it is closely following the developments in the decisions made by the Minister of the Federal Supreme Court (STF) Dias Toffoli in the Banco Master investigation. The minister ordered the sealing and safeguarding of assets, documents and electronic devices seized by the Federal Police in new phase of Operation Compliance Zero. 
When authorizing the operation, carried out on Wednesday (14), the minister, who is the case’s rapporteur, determined that the entire seized material in the new phase of the operation on the Banco Master case, it was forwarded to the Attorney General’s Office (PGR), for extraction and analysis of the evidence.
The association of experts argues that federal criminal experts have guaranteed technical-scientific and functional autonomy to carry out expert examinations and ensure technical protocols and the strict preservation of the chain of custody, guaranteeing the production of valid scientific evidence for due legal process, broad defense and the correct elucidation of the facts.
“The APCF is concerned about the operational and technical risks involved in the absence of sending materials to criminal forensics. Postponing sending or carrying out examinations outside official criminalistics units, especially in relation to electronic devices, can lead to the loss of traces relevant to criminal prosecution, or even the loss of technical opportunities, sometimes unrepeatable, such as the analysis of devices that are still active or recently unlocked, in addition to enabling possible automatic modifications inherent to the functioning of the operational systems themselves”, warns the note.
In the statement, the APCF said it recognized the importance of the role of the Public Prosecutor’s Office “in forming the legal opinion on the materiality and authorship of the crimes being investigated”, but highlighted that it is not up to the accusing body to prepare evidence based on the analysis of traces.
“The criminalistics units of the Federal Police, especially the National Institute of Criminalistics (INC), in addition to their legal competence, have the technical, scientific and structural attributes necessary for the adequate production of expert evidence, including with regard to electronic devices and digital media”, says the note.
Toffoli took the decision to send all seized material to the PGR in response to a request made by the head of the prosecutor’s office himself, Paulo Gonet. The prosecutor analyzed a request for reconsideration from the PF on the order for the storage of materials in the Supreme Court, previously determined by Toffoli.
The association says that it is important that the seized material is destined for official forensic examination, legally responsible for the production of scientific evidence, “ensuring the integrity of the traces and the reliability of the material evidence generated, in line with criminal procedural legislation and good forensic science practices.”
