Chief Justice Edson Fachin of Brazil's Supreme Federal Tribunal (STF) arranged with Justice André Mendonça to take over as rapporteur of the case involving Alexandre de Moraes before the move was announced. The daily Estadão reported the backstage agreement on Sunday, Sept. 13. According to the paper, Mendonça first handed the case over at the court president's request.
The formal decision came on Saturday night, Sept. 12, in a court order. Earlier that day, Mendonça had returned to the court's presidency the case file on conversations between Moraes and Daniel Vorcaro, a jailed former banker. Fachin wrote:
"Considering the possibility that the outcome of the deliberation in PET 16.662 may lead to the application of Article 144, IV, of the Civil Procedure Code, I order, under Article 13, XV, of the STF's internal rules, that the clerk's office transfer the rapporteurship of PET 16.662 to the Presidency of the Supreme Federal Tribunal."
In the same order, Fachin sent two other case files, covering the investigations into Banco Master and the INSS pension fraud, to the court's presidency. He did not take over as rapporteur of those cases. They remain frozen until a new decision by the president, according to news site g1.
The backstage deal
Fachin's appointment as rapporteur was built in an agreement with Mendonça before the announcement, Estadão found. The justice first ceded the case at the STF president's request. Part of the decision, however, drew surprised reactions inside the court, the paper reported.
On Sept. 9, Fachin had already suspended investigations targeting STF members and required that the case files be sent to the presidency for review. Mendonça complied with that order on Saturday, according to InfoMoney.
What happens next
As rapporteur, Fachin will present the summary of the main facts to the full bench, cast the first vote and set whether procedural questions are examined before the merits, g1 explains. On Tuesday, Sept. 15, the court will examine the Federal Police report requested by Mendonça that pointed to a supposed relationship between Moraes and Vorcaro. The justices will also rule on a nullity request from the Prosecutor General's Office (PGR) and decide whether to open or shelve an investigation against Moraes. The PGR argues Mendonça should not have ordered a probe into the recipient of the banker's messages without a request from prosecutors or the Federal Police itself.
The session will be broadcast on TV Justiça, with access to the plenary restricted. Fachin will set and announce the procedure, a first for such a case at the court. The Master and INSS investigations remain on hold until his next decision.