The Supreme Court of Justice (STJ) rejected the request of the parliamentary commission of inquiry to Novo Banco to make public the Costa Pinto report, which assessed Banco de Portugal's conduct in the BES resolution.
According to the judgment of the judges of the STJ, to which Lusa had access, "what is really at stake in this procedure is the lifting of secrecy" of the possible parliamentary commission of inquiry into the losses recorded by Novo Banco and charged to the Resolution Fund and “the manner and conditions under which it may be used” the document.
"However, these are issues beyond the incident of the breach of secrecy" invoked by the commission, believe the judges, since this incident stems, for example, from a refusal to share documents, "and whose sole purpose is to overcome this refusal. ”.
In the court's opinion, this did not happen because “the report was not only made available to deputies” by the Banco de Portugal, “but also because it was voluntarily made available to the deputies”. arrangement ".
Thus, the judges consider the request of the commission of inquiry "rejected, either because the respective legal hypotheses have been verified, or because, in any event, it relates to an object which was excluded from the competence of the STJ ”.
The court observed, however, that despite the fact that the breach of secrecy did not occur, the commission of inquiry was not "prevented from using the document for the purposes of its investigation and in the final report".
At the start of the parliamentary hearings of the commission of inquiry on March 10, President Fernando Negrão (PSD) announced the candidacy for the STJ.
"We will activate the mechanism at our disposal, which is an urgent appeal to the Supreme Court of Justice for the lifting of professional secrecy," said Fernando Negrão during the hearing of João Costa Pinto, author of the report which analyzes the conduct of the Bank of Portugal (BoP) in the BES resolution.
On April 20, the commission of inquiry into Novo Banco opened a "summary investigation" due to the dissemination in the media of the Costa Pinto report, which "was secret", aimed at verifying the breach of confidentiality and identifying its author.
On April 27, the chairman of the Novo Banco commission of inquiry transmitted to the President of the Assembly of the Republic, Ferro Rodrigues, the decision on who will lead the summary investigation into the publication of the Costa Pinto report, claiming to be in the same position as the other members of the committee.
JE / JF // CSJ