Document library · Court decision
Reclamação 23.457/PR — decisão do Min. Teori Zavascki (13/06/2016)
- Issuer
- Supreme Federal Court · Teori Zavascki
- Date
- June 13, 2016
- Type
- Court decision · primary source
- Access
- full text examined · accessed on Oct. 24, 2026
- Original
- www.stf.jus.br/arquivo/cms/noticiaNoticiaStf/anexo/Rcl23457.pdf
Statements recorded in this source
- “Não havia reparado antes no ponto, mas não vejo maior relevância.”
- “está juridicamente comprometida, não só em razão da usurpação de competência, mas também, de maneira ainda mais clara, p…”
- “Foi também precoce e, pelo menos parcialmente, equivocada a decisão que adiantou juízo de validade das interceptações, c…”
What we extracted from this document (7)
Complaint 23.457, filed by the President of the Republic through the AGU, alleged usurpation of the STF's jurisdiction because, in the interception authorized by the 13th Court against Lula, conversations with the President of the Republic (an authority with special forum) were captured and the decision to release them at first instance would be flawed by absolute lack of jurisdiction.
Source: Reclamação 23.457/PR — decisão do Min. Teori Zavascki (13/06/2016) — Supreme Federal Court, June 13, 2016 · pp. 1-2 · open original ↗
Court decision (primary) · full text examined · accessed on Oct. 24, 2026
Limitations: Allegation by the complainant, transcribed in Teori Zavascki's decision.
The preliminary injunction was granted on March 22, 2016 and endorsed by the Plenary on March 31, 2016, ordering the suspension and the referral to the STF of the request to break secrecy 5006205-98.2016.4.04.7000/PR and other proceedings.
Source: Reclamação 23.457/PR — decisão do Min. Teori Zavascki (13/06/2016) — Supreme Federal Court, June 13, 2016 · p. 3 · open original ↗
Court decision (primary) · full text examined · accessed on Oct. 24, 2026
Teori Zavascki's decision transcribes the review made by the Curitiba court itself: the interruption of the interception was ordered on March 16, 2016, at 11:12:22, and, between the decision and its implementation with the carriers, a new dialogue was captured at 13:32, filed by the police authority.
Excerpt: “o diálogo [...] foi interceptado após este Juízo ter determinado o encerramento das interceptações, mas antes da efetivação da medida pelas operadoras”
Source: Reclamação 23.457/PR — decisão do Min. Teori Zavascki (13/06/2016) — Supreme Federal Court, June 13, 2016 · pp. 16-17, item 10 · open original ↗
Court decision (primary) · full text examined · accessed on Oct. 24, 2026
The Prosecutor General of the Republic gave an opinion that the complaint should be dismissed in full, finding that, even if the lifting of secrecy at first instance had been improper, this would not amount to usurpation of the STF's jurisdiction.
Source: Reclamação 23.457/PR — decisão do Min. Teori Zavascki (13/06/2016) — Supreme Federal Court, June 13, 2016 · p. 4 · open original ↗
Court decision (primary) · full text examined · accessed on Oct. 24, 2026
The decision records, in reproducing a ground of the preliminary injunction, that no judgment was being made in advance on the legitimacy of the interception itself, but that the immediate public release of the conversations was being criticized.
Excerpt: “O que se infirma é a divulgação pública das conversas interceptadas da forma como ocorreu, imediata”
Source: Reclamação 23.457/PR — decisão do Min. Teori Zavascki (13/06/2016) — Supreme Federal Court, June 13, 2016 · p. 16 · open original ↗
Court decision (primary) · full text examined · accessed on Oct. 24, 2026
On June 13, 2016, Teori Zavascki granted Rcl 23.457 in part: he recognized the violation of the STF's jurisdiction and set aside the 13th Court's decisions of March 16, 2016 (event 135) and March 17, 2016 (event 140) that lifted secrecy over the conversations; he recognized the nullity of the content of the conversations captured after the order to stop the interceptions; and ordered returned to the 13th Court the cases that did not involve authorities with special forum.
Source: Reclamação 23.457/PR — decisão do Min. Teori Zavascki (13/06/2016) — Supreme Federal Court, June 13, 2016 · pp. 20-22, item 15 · open original ↗
Court decision (primary) · full text examined · accessed on Oct. 24, 2026
In reviewing his order, cited in Teori's decision, Moro wrote that he had not previously noticed the point of the 13:32 dialogue and did not see greater relevance in it, maintaining what he had decided.
Source: Reclamação 23.457/PR — decisão do Min. Teori Zavascki (13/06/2016) — Supreme Federal Court, June 13, 2016 · pp. 16-17, item 10 · open original ↗
Court decision (primary) · full text examined · accessed on Oct. 24, 2026
Limitations: The passage is transcribed within Teori's decision and refers to the order reviewing 'event 135'; the exact date of the review order does not appear in the excerpt read.