Tony Garcia and the end of the secret that empowered Moro: Toffoli orders the end of the Underwear Festival

A decision by Justice Dias Toffoli of the Supreme Federal Court (STF) determined that the Federal Policel A search and seizure operation was carried out at the 13th Federal Court of Curitiba, nationally known for having housed Operation Lava Jato under the command of then-judge Sergio Moro. The operation aims to locate a yellow box where documents and recordings of plea bargains from lawyer Sergio Costa are allegedly stored. Costa is a central figure in an episode that, since 2003, has circulated behind the scenes of the Paraná judiciary under the name "Underwear Party".

The investigation that led to Toffoli's decision began after an interview given by businessman Tony Garcia to TV 247 in May 2023.

In the interview, Garcia revealed that he acted as an undercover agent on behalf of Sergio Moro, when the then-judge was just beginning his career in the Federal Court of Curitiba. Arrested in 2003, Garcia claims he was convinced to collaborate with Moro to avoid being held in a cell known as the Federal Police's dungeon—and that, in this context, he began monitoring authorities with parliamentary immunity, such as members of the Court of Auditors and secretaries of the Jaime Lerner government. According to the businessman, he was the one who indicated to Moro the whereabouts of the video of the so-called "Underwear Party," which allegedly showed judges accompanied by prostitutes at a hotel in the Paraná state capital, the Bourbon.

The images, recorded by lawyer Sergio Costa, were allegedly used as an instrument of political and judicial pressure. According to Garcia, Costa was eventually convinced to make a plea bargain and later left Brazil, currently living abroad under a new identity.

The origin of the resources that sustain his life abroad remains, to this day, one of the most nebulous aspects of the story.

Sources close to the investigation report that all documents relating to Costa's testimony — including copies of the recordings — are being kept in a yellow box, held in custody by the 13th Federal Court of Curitiba.

The current head of the court, Judge Danilo Pereira Júnior, allegedly resisted complying with superior orders to make the material available, which delayed the execution of the Supreme Court's decision.

Danilo was eventually transferred to the Federal Regional Court of the 4th Region (TRF-4), where he served as an advisor to the presidency. During that period, Toffoli was already considering the possibility of removing him from office for disobeying a court order.

Back at the 13th Court, the magistrate must now open the doors of the jurisdiction to the Federal Police, so that agents can search for the yellow box and copies of the documents. Toffoli's decision, however, was leaked to the press before the operation was organized, which raised suspicions of sabotage within the Attorney General's Office or even in the vicinity of the Supreme Court.

Publicly announcing the measure in advance could compromise the integrity of the search, since the documents—if they still exist—may have been removed or destroyed.

If the destruction of evidence is confirmed, those responsible, current or former, may be held accountable for the crime of obstruction of justice.

Moro, the Supreme Court, and abuses of power.

Toffoli's decision comes in the context of a critical review of the practices of Lava Jato. The Supreme Federal Court has already declared Sergio Moro biased in the trials against Luiz Inácio Lula da Silva, and Interpol has also pointed to a lack of impartiality in the case of lawyer Rodrigo Tacla Duran. The abuses, however, allegedly began well before 2014, according to Tony Garcia's investigation—back in 2003, when he was arrested and recruited to act as an undercover agent.

Moro reportedly tried to transfer the investigation to the Superior Court of Justice (STJ), arguing that it was not within the Supreme Court's jurisdiction, but Toffoli denied the request, stating that, because it involved an authority with privileged jurisdiction—the former judge himself, now a senator—the investigation should remain in the Supreme Court.

The search at the 13th Federal Court could represent a watershed moment. If the information about the yellow box and the contents of the plea bargains are confirmed, the Supreme Court could shed light on the origins of Lava Jato and how part of the Paraná judicial system operated behind the scenes.

More than an investigation into an obscure episode from two decades ago, the action ordered by Toffoli could redefine the understanding of Sergio Moro's conduct as a judge — and reveal the extent to which the fight against corruption also served as a political instrument and a means of personal power.

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Tony Garcia will give a new interview to TV 247 this Friday, October 17th, on Boa Noite.