STF Justice Mendonça Releases Case Involving Justice Moraes and Banker for Plenary Judgment

Supreme Court Justice André Mendonça has released a case for judgment by the full plenary of the Supremo Tribunal Federal (STF) involving Justice Alexandre de Moraes and a Federal Police (PF) report. The report, which Mendonça previously made public, contains data from the mobile phone of banker Daniel Vorcaro, the founder of Banco Master. The documents identify Moraes as an interlocutor of Vorcaro and include messages where the banker sought guidance and intervention from Moraes. One specific message from Vorcaro asked if he should leave the country shortly before his arrest. Additionally, some reports state that Moraes edited a 131 million reais contract between the Banco Master and his wife's law firm before it was signed.

The release of the report has triggered a crisis within the court. Justice Moraes responded by requesting an investigation into Justice Mendonça for abuse of authority, administrative improbity, and crimes of responsibility. Moraes initially filed this request within the ongoing fake news inquiry, which he oversees. However, STF President Justice Edson Fachin subsequently removed the request from that inquiry and consolidated the disputes into a separate procedure. Fachin has requested manifestations from Mendonça, Moraes, Attorney General Paulo Gonet, and PF Director General Andrei Rodrigues by October 11. A final judgment by the plenary is expected after September 14.

Legal disputes over the validity of the evidence persist. Attorney General Paulo Gonet has argued for the nullity of the PF report, claiming that Mendonça lacked the authority to order such an investigation into a fellow justice without prior plenary approval. Conversely, the National Association of Federal Police Delegates has requested that Gonet recuse himself from the proceedings because he is also mentioned in the dialogues between Vorcaro and Moraes.

Justice Flávio Dino has commented on the situation, stating that serious problems are being mixed with electoral interests and personal hatreds. He specifically questioned whether a judge should promise the end of an inquiry to gain applause, referring to Justice Fachin's recent defense of ending the fake news inquiry.