STF Ministers Clash Over Evidence Access Ahead of Alexandre de Moraes Investigation

The Brazilian Supreme Federal Court (STF) is facing an internal crisis as ministers exchange conflicting orders over access to evidence from the cell phone of former banker Daniel Vorcaro. The tension precedes a plenary session scheduled for Tuesday, October 15, which will determine whether to open an investigation into Justice Alexandre de Moraes based on a Federal Police report regarding his relationship with Vorcaro. Justice Edson Fachin, the president of the court, has assumed the relatorship of the investigation against Moraes and ordered the Federal Police to provide information on the custody of Vorcaro's data within 24 hours.

Justices Cristiano Zanin and Gilmar Mendes have demanded full access to the cell phone's data, with Zanin ordering the Federal Police to deliver a copy to his office by Sunday night. They argue that there is no hierarchy among ministers and that all members of the plenary must have access to the evidence to form their own convictions. Conversely, Justice André Mendonça, the original relator of the Master Bank case, has opposed the full release of the data. Mendonça claims that providing the entire content could tumult the upcoming judgment and jeopardize ongoing investigations, asserting that all necessary materials have already been provided.

Parallel to the dispute over the cell phone, Justice Moraes has requested that Justice Fachin lift the secrecy of a specific inquiry involving the Master Bank's payment network. This request follows a period of intense legal maneuvering where Justice Fachin ordered Mendonça to lift secrecy on various documents. Some of the released materials mention Senator Ciro Nogueira, Senator Jaques Wagner, and Flávio Bolsonaro, the latter of whom is being investigated regarding the financing of a film titled Dark Horse. Justice Flávio Dino recently lifted the secrecy of the Dark Horse investigation, which examines the possible diversion of public funds for the production.

Internal discussions continue regarding the quorum for Tuesday's session. There are debates over whether Justice Moraes and Justice Mendonça should participate in the vote. Some ministers suggest Moraes should not attend to avoid exerting pressure on colleagues, while others argue Mendonça should be barred due to his handling of the report. Additionally, the court is considering whether other ministers, including Dias Toffoli, Kassio Nunes Marques, and Luiz Fux, might be impeded from participating due to potential mentions of them or their families in the case materials.