Moraes says in the STF that secrecy of a journalist's source does not protect criminal practice

He gave the statements in the court's plenary session after the decision in which he authorized search and seizure against informants of journalist Luís Pablo, from Maranhão, who published texts about Flávio Dino.

Moraes stated that the safety of Dino and his family was put at real risk by a criminal organization, according to both the Federal Police and the PGR (Attorney General's Office). The processes are carried out under secrecy.

"Source secrecy is a constitutional guarantee enshrined by this Supreme Court, but which has never been confused and will never be confused with a protective shield for the practice of illicit activities. Source secrecy is an essential guarantee for the defense of democracy, and not a hidden instrument for criminal associations to carry out various criminal offenses with impunity."

The statements were made after the president of the court, Luiz Edson Fachin, raised the issue at the beginning of the session. The minister expressed solidarity with Dino, made the court structure available to collaborate with the investigations and spoke about defending press freedom.

Moraes also said: “This Federal Supreme Court, as highlighted by Minister Flávio Dino, defended freedom of the press during the dictatorship's tense period, continues to defend and will always defend freedom of the press, the free exercise of journalism and all its rights and guarantees, including source secrecy”.

He was appointed as the case's rapporteur after the issue was included in the fake news inquiry, which has investigated attacks on court ministers since 2019.

“The Federal Supreme Court will continue to protect all people and their families, including ministers of this court, who may be threatened or coerced by criminal associations that, disguised as journalism, commit various criminal offenses for reward, payment in money or illicitly purchasing information obtained criminally,” said Moraes.

According to him, no constitutional guarantee, including source secrecy, can be an instrument of criminal impunity.

In his speech, Fachin said that the court reaffirms its respect for fundamental freedoms, especially freedom of the press and the fundamental right of journalists to source confidentiality.

The minister also indicated that the STF plenary session could be called upon to discuss the issue further, including the role of the presidency itself in this regard.

“The presidency is convinced that the strength of the court lies in its collegiality, the best expression of solidarity with its members, whether confirming monocratic decisions or deliberating on the fate and duration of investigations. The presidency will adopt the appropriate regulatory measures so that these deliberations take place as quickly as the matter requires”, he said.

After Fachin's speech, Dino thanked his colleagues for their solidarity and cited the Supreme Court's history in protecting press freedom.

"Our jurisprudence would come from an almost century-old protection of press freedom. In the darkness of the military dictatorship, one of the causes for the abject impeachment of three ministers were exactly decisions regarding press freedom, especially between the years 1965 and 1968. So, few can teach the supplies about press freedom", he said.

Target of the operation authorized by Moraes, Raimundo Cutrim is a former secretary of the Maranhão government and was appointed as an informant for Luís Pablo. According to authorities, the investigation uncovers signs of persecution by the journalist against Dino.

Luís Pablo had previously been the target of a search and seizure warrant, which led the PF to find messages between him and Cutrim, identifying the author of the leak of information that supported texts about the alleged irregular use of TJ-MA (Maranhão Court of Justice) cars by Dino, which he denies.

In the same decision carried out on Tuesday (11), Moraes authorized measures against Diogo Diniz Lima, lawyer and former secretary of Urban Planning and Housing at São Luís City Hall, also named as an informant and who, according to the minister's order, made payments of R$100,000 to the journalist to pay off a property.

CONCERNS OF ENTITIES The case worried entities linked to journalism and law.

The SIP (Inter-American Press Society) released a statement expressing “alarm at the judicial measures that allowed the identification and persecution of a journalist’s source”. The entity states that “the violation of professional secrecy constitutes a serious threat to the exercise of journalism and establishes a dangerous precedent for press freedom in Brazil”.

In a joint note, Abert (Brazilian Association of Radio and Television Broadcasters), ANJ (National Association of Newspapers) and Aner (National Association of Magazine Editors) spoke about risks to press freedom.

Abraji said that, “if there is a need to investigate a crime, this should be done without violating or relativizing a constitutional guarantee for journalists, but which is also crucial for the solidity of democracy itself”.

The Iasp (São Paulo Lawyers Institute) said it was following the case “with concern” and stated that “measures capable of leading, directly or indirectly, to the identification of journalistic sources require strict constitutional control”.

I didn't monitor Dino, and Moraes' decision harms the entire press, says targeted journalist in Maranhão

Luís Pablo Conceição Almeida claims that he did not monitor Flávio Dino or his family and denies having received money to publish reports. Journalist had his cell phone and computer seized by the PF and criticizes the revelation of his sources during the investigation