A wing of Brazil's Supreme Federal Court (STF) wants the decision on whether to open investigations against Justices Alexandre de Moraes and André Mendonça postponed until after the October election. The position is held by justices closer to Moraes, according to news site G1. The court's press office said on Tuesday (8) that all information requested by Chief Justice Luiz Edson Fachin on the crisis must be delivered by September 21.
In private conversations, on condition of anonymity, these justices say the September 7 demonstrations, which targeted Moraes with criticism and defended Mendonça, reinforced the electoral tone the case has taken. They also argue the two cases should move forward jointly, so that both sides of the dispute carry the same weight.
Aides to Fachin say the chief justice has not decided what to do. He views the facts involving Moraes, the court's vice president, as serious and demanding a response. In their view, the court cannot keep ignoring the suspicions raised. Fachin has said he will take the necessary measures "at the right time". Moraes has not spoken publicly. On Friday (4), beside President Luiz Inácio Lula da Silva, the chief justice said: "There will be neither haste nor omission", as reported by Brasil 247.
Deadlines set by Fachin
Fachin opened two deadlines. In the first, on the Federal Police report about messages from Daniel Vorcaro to Moraes, Mendonça, Moraes, Prosecutor General Paulo Gonet and suspended Federal Police director Andrei Rodrigues may respond until September 14. Fachin asked whether the rules were followed for probing someone who can only be tried by the Supreme Court, and whether the confidential report was improperly accessed, which would suggest a leak.
In the second, Moraes asked for an investigation of Mendonça based on an intelligence report that, in his view, has no probative value. The justice alleged administrative improbity, abuse of authority, malfeasance in office and favoritism toward political groups in Mendonça's handling of the Banco Master and INSS pension fraud cases. The Prosecutor General's Office (PGR) speaks first. After that, Mendonça has until September 21 to provide information, if he chooses to.
The material lands shortly before the first round of the presidential election in October. The crisis reached a new stage on Tuesday, when Mendonça suspended Andrei Rodrigues as head of the Federal Police. The court's Second Chamber formed a majority to uphold the decision, with votes from the reporting justice, Luiz Fux and Kassio Nunes Marques, according to InfoMoney. Justice Gilmar Mendes then requested review, Dias Toffoli has not voted and the injunction remains in force. Fux canceled the afternoon session, BBC News Brasil reported. Later in the day Fachin met Justice Minister Wellington Lima e Silva and Solicitor General Jorge Messias, according to newspaper Folha de S.Paulo.
Next come the deadlines. Responses on the Vorcaro case are due September 14. All information on the crisis must reach Fachin by September 21. After that, the chief justice decides whether to take the dispute to the full bench. Brasil 247 reported that Fachin has signaled he will do so only after the election.