STF President Fachin Organizes Unprecedented Session to Decide on Investigation of Justice Alexandre de Moraes

The President of the Supreme Federal Court (STF), Edson Fachin, has scheduled an extraordinary plenary session for Tuesday, October 15, to determine whether to open a criminal investigation into Justice Alexandre de Moraes. The session follows a Federal Police report, requested by Justice André Mendonça, which suggests a relationship between Moraes and former banker Daniel Vorcaro. Because the court lacks specific internal regulations for investigating one of its own members, Fachin is currently defining the procedural rules for the session. He has held meetings with Justice Mendonça, Attorney General Paulo Gonet, and other ministers to align the institutional response.

Several key procedural points remain undecided. These include whether the session will be open to the public or held behind closed doors, whether Moraes will be permitted to present a defense in person, and whether he can be accompanied by a lawyer. It is established that Moraes will not vote on the matter as he is the subject of the potential investigation. There is also uncertainty regarding the participation of Justice Dias Toffoli, who has previously declared himself suspicious in related cases.

The Attorney General, Paulo Gonet, has argued for the nullity of the police report. Gonet claims that Justice Mendonça acted irregularly by using the police to investigate a colleague without prior authorization from the plenary or a request from the Public Ministry. Consequently, the ministers may first vote on the validity of the evidence before deciding on the merits of the investigation. Potential outcomes include the immediate archiving of the case, the annulment of current evidence followed by a new investigation with a different rapporteur, or the immediate opening of a criminal inquiry.

Outlets with a center right lean emphasize the potential for severe consequences for Moraes, such as temporary suspension from his duties or the use of an electronic ankle monitor. In contrast, center and center left sources focus more on the institutional crisis and the opportunity for the court to recover its credibility through a transparent, legal response.