The president of Brazil's Supreme Federal Court (STF), Edson Fachin, canceled the court's plenary session for the second day in a row on Thursday (10) and spent the day in internal consultations ahead of Tuesday's session, when the 11-member court will decide whether to open an investigation into Justice Alexandre de Moraes.
According to g1, Fachin received six justices in the president's office: Moraes, André Mendonça, Dias Toffoli, Cristiano Zanin and, in a joint meeting, Luiz Fux and Kassio Nunes Marques. Prosecutor General Paulo Gonet, the country's top prosecutor, also visited the court's presidency. Late at night, Fachin went to Justice Cármen Lúcia's office for further talks. In the assessment of one justice heard by g1, the court's president "has been listening a lot and speaking little".
The vote count
The case has no precedent at the court. Fachin decided to send to the full bench a Federal Police report that pointed to 52 messages from former banker Daniel Vorcaro to Moraes. Vorcaro is held in preventive prison under Operation Compliance Zero, which investigates financial fraud at Banco Master and an alleged "monitoring and influence network". André Mendonça is the justice in charge of the Master case and ordered the report.
Behind the scenes, according to g1, six votes are considered more settled. Gilmar Mendes, Flávio Dino and Cristiano Zanin are seen as aligned with Moraes. André Mendonça would count on the support of Luiz Fux and Kassio Nunes Marques. There is uncertainty about the votes of Fachin and Cármen Lúcia, who have received overtures from both sides. Dias Toffoli has reportedly told colleagues he tends not to take part, because the case is an offshoot of the Master investigation and he has declared himself barred from voting on offshoots since leaving the reporting role. Part of the court argues he can vote, since the discussion involves procedural questions, such as the model for investigating a sitting justice.
Session format
The rules for Tuesday's session have not been confirmed, but the indication is that Moraes would not vote. The wing that supports him also argues that Mendonça should not judge the matter, after questions about his handling of the inquiries. Interlocutors cited by g1 say Fachin prefers an open session, with some restriction for security reasons, the model used in the trial of the alleged coup plot. A closed session is also under discussion.
Folha de S.Paulo reports that justices from different wings fear the broadcast will become ammunition for the presidential campaign, in which President Luiz Inácio Lula da Silva faces Flávio Bolsonaro, through clips cut to go viral on social media. Some in the court considered trying to persuade Fachin to close the session, although he is inclined to keep it public. Another idea is a longer broadcast delay. According to interlocutors cited by Folha, Fachin has appealed for a minimum of civility during the proceedings. One court member described the episode as a potential "institutional carnage".
Moraes is still weighing when to speak publicly about the crisis. He had said he would address it on Thursday, then pulled back, and the expectation is that he will speak on Monday (14). The justice, the prosecutor general's office, Federal Police director Andrei Rodrigues and Mendonça have until then to provide information on the report. Fachin also gave the justices a copy on Thursday of all the Federal Police material on the alleged relationship between Moraes and Vorcaro.