The Federal Revenue dismissed this Thursday (19) a tax auditor who held a leadership role at the agency’s Police Station in Presidente Prudente (SP). The dismissal was published in the Official Gazette of the Union and does not present a formal justification.
The server was head of the Tax Credit and Credit Law Management Team and was one of the targets of the Federal Police operation investigating improper access to tax data of ministers of the Federal Supreme Court (STF) and family members of the ministers.
The action was authorized by Minister Alexandre de Moraes and investigates possible irregular consultations of information protected by tax secrecy. In total, four servers are investigated.
According to the Estado de S.Paulo newspaper, the auditor had accessed data linked to a former stepdaughter of minister Gilmar Mendes. According to the publication, the server stated, in a statement, that the consultation occurred by mistake, claiming to have confused the identity of the person being searched.
Despite the justification, the server was subject to a search and seizure warrant and had precautionary measures imposed, such as the use of an electronic ankle bracelet, removal from public duties and surrender of his passport.
Defense
In a note released this Thursday, the auditor’s defense denied any illicit conduct. The lawyers representing him stated that the server has an “unblemished reputation” and that he never responded to disciplinary proceedings throughout his career at the IRS.
The defense also informed that it has not yet had full access to the investigation files and, therefore, would not comment on details of the case.
Entity reaction
The operation provoked a reaction from entities representing the category. The National Association of Tax Auditors of the Federal Revenue of Brazil (Unafisco Nacional) stated, in a note, that tax auditors cannot be turned into “scapegoats” in the midst of institutional crises and criticized the adoption of precautionary measures considered severe before the conclusion of the investigations.
The Union of Tax Auditors of the Federal Revenue (Sindifisco Nacional) declared that it views the alleged leak of information with concern, but highlighted that motivated access to confidential data is part of the auditors’ work routine. According to the entity, any improper disclosure of information must be punished, but the right to adversarial proceedings and full defense must be preserved.
Internal audit
The Federal Revenue reported that it launched an internal audit following a request from the Supreme Court. In a note on Tuesday (17), the organization admitted improper access to data from STF ministers and family members. The tax authorities stated that the investigation involves dozens of systems and taxpayers and that any deviations identified were communicated to the case’s rapporteur.
The Federal Data Processing Service (Serpro) also spoke out, highlighting that its systems are traceable and that its employees do not have access to the content of client agencies’ databases. According to the state-owned company, its activities are limited to the management of technological infrastructure.
The case remains under investigation at the Federal Supreme Court.
