The Supreme Federal Court (STF) concluded its session on Tuesday (September 15) to analyze the request for the investigation of Minister Alexandre de Moraes regarding his alleged connection to former banker Daniel Vorcaro, who is currently in preventive detention for fraud at Banco Master. The trial was halted by a request for a review by Minister Flávio Dino, who now has 90 days to return the case files.
Dino Signals Delay Until 2026
There is no set date for the resumption. However, Dino signaled throughout the session his concern about the upcoming elections, indicating he may leave the case until after the 2026 plebiscite. The session was marked by tension, accusations, insults, and shouts between ministers, yet no definitive ruling was reached, even regarding the question of order raised by Gilmar Mendes. The provisional score was 4 votes against the question of order and 3 votes in favor. Dino’s vote was not counted because he requested the review.
Mendes also asked for the redistribution of procedures and the certification of other ministers mentioned in the Master case. The review request came after Dino made harsh criticisms of Fachin’s conduct in the case. Dino cited the proximity of the elections, stating the president had scheduled “disastrous sessions” and that the judgment was degrading the image of the Court. This move followed an intense verbal exchange between Mendes and Mendonça.
Verbal Clash on the Bench
After Mendonça said that “no one wanted to be there” and that ministers were doing their duty, Gilmar Mendes interrupted him, calling the remark “leviandade.” “A person invested with police sentiment is impressive; it is impressive the audacity of this guy,” Gilmar said to Mendonça. Mendonça raised his voice, and Dino requested the review. Earlier, Attorney General Paulo Gonet asked to speak regarding his name in messages from Vorcaro found in the PF report ordered by Mendonça.
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Mendonça justified not communicating the PF report to the PGR because there were indications Gonet was among those cited. This is why he asked for an investigation in 72 hours and opened the possibility of investigating people with jurisdiction. Mendonça stated he saw no indications of a link between the PGR and Vorcaro. Gonet then said there was nothing in the material showing any illicit practice. “There is no relationship of proximity with the gentleman Vorcaro. The only meeting I had with Vorcaro was with several authorities in April. The only link, mediated by a lawyer, was very brief and banal,” he stated.
After the discussion and the request for a review, Fachin said he would hear the statements of the ministers who had not yet voted. Luiz Fux and Cármen Lúcia followed the president and voted against the question of order. Cármen was the last to vote.
She began by saying she was in a state of “deep consternation and sadness” and that the STF had provoked “civic unease in all Brazilian citizens in recent days.” “I feel a bit ashamed that, at a moment when Brazil is less than 20 days from the election, everyone returned to Supreme questions,” she said. “The Judiciary exists to calm the people, and we generated unrest.” She declared that there was “spectacularization” of the case, which harms not only the Court but the country. She also said she did not feel pressured internally or externally. “I spoke with Alexandre and André. No one asked for my vote.”
Judges Step Aside Over Suspicion
In the morning, after reading Fachin’s report, Ministers Nunes Marques and Dias Toffoli declared their impediment and suspicion, respectively, in acting in the case. With this, they will not participate in the judgment on opening or not an investigation against Moraes. Toffoli’s situation was expected. The minister had already stopped participating in judgments related to the Master case in the 2nd Panel. He recalled a secret meeting in February with all ministers when he left the Master investigation relatorship. According to Toffoli, his suspicion was affirmed aiming to “preserve the good work.” Nunes Marques argued that he did not feel “comfortable” participating, given his position as president of the TSE and the possible impact on the election.
Hard clashes occurred between ministers. Gilmar Mendes and Alexandre de Moraes opposed André Mendonça. The two accused the colleague of acting with electoral interests in conducting the case. Gilmar even spoke of “pixuleco” and “electoral puppet” when commenting on the lifting of the secrecy of Moraes’s messages from Vorcaro before September 7, a holiday when Bolsonarists have made manifestations across the country.
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Mendonça said Gilmar was being “lightweight” and addressed the colleague: “Don’t point your finger at me, you are not talking to anyone.” Gilmar then replied: “Who doesn’t get respect doesn’t deserve respect.” Moraes said Mendonça had called the Federal Police and asked to include him in investigations because “he is at the service of a political group that wanted to give a coup in this country.” Flávio Dino and Edson Fachin also argued during the interactions about when to ask for the floor during a colleague’s speech.
Dino Questions Fachin’s Court Role
In the late morning, Gilmar Mendes presented a question of order after receiving a letter from Flávio Dino questioning Fachin’s performance in the procedure requesting the investigation of Moraes. They argue Fachin removed the relatorship of the Moraes procedure from André Mendonça and passed it to his own supervision. In their understanding, Fachin “availed” the case to himself, a measure they said is irregular, contrary to the internal regulation, and having a possible effect of inducing similar practices in other courts of the country.
Fachin rebated the argument. He said he received the case because the original relator, André Mendonça, passed it to him to take measures. According to Fachin, in the position of Court president, the request for investigation against a member of the Supreme must go through the plenary, and it is up to the president to set the agenda for the case.
Before the session was suspended, Gilmar presented the question of order to suspend the judgment of the Moraes case and make the procedure go through jointly with the procedure Moraes presented against Minister André Mendonça. According to the request, a new minister must be drawn to report the cases, and there must be the certification of all magistrates of superior tribunals mentioned “on whom fall indications of receiving improper values” from Master. Then, they ask to open a deadline for the Attorney General’s Office to manifest. Initially, they defended the analysis for September 23.
