One day before Brazil's Supreme Federal Tribunal (STF) decides whether to open an investigation against him, Justice Alexandre de Moraes called the report filed by fellow Justice André Mendonça a "farce". The statement appears in a 44-page reply with 121 items sent Monday night (14) to the court's chief justice, Edson Fachin.
According to Folha de S.Paulo, Moraes said the document, which collects messages sent to him by former banker Daniel Vorcaro, the owner of Banco Master, shows there is no indication whatsoever of a criminal offense to investigate. In his view, the report carries a political-electoral motivation built on "criminosas mentiras", or criminal lies.
"VENGEANCE. The attempt at revenge by allies of those who tried to destroy Democracy and the Rule of Law and were convicted by the SUPREME FEDERAL TRIBUNAL is very clear"
The line opens Moraes' reply to Fachin. As CartaCapital notes, Mendonça was appointed to the court by former president Jair Bolsonaro, who was convicted in the coup plot case by the court's First Panel, where Moraes sits.
What the defense says
Moraes wrote that "NADA OCORREU" (nothing happened) and that a review of the 7,742 documents from Operação Compliance, spread across 48 petitions, one complaint and four inquiries, shows no indication of any illicit activity by him. He argues he never judged a case involving Banco Master or Vorcaro, during or after the contract between the bank, liquidated by the Central Bank, and the law firm of his wife, Viviane Barci de Moraes.
Mendonça's request rests on a Federal Police report with messages Vorcaro sent to a phone number attributed to Moraes. The records show requests to the justice during a period when the banker was trying to block measures against his businesses, CartaCapital reports. According to Folha, the Federal Police says the R$ 131 million contract between Banco Master and his wife's firm was edited by Moraes before it was signed, and Revenue Service records show payments of R$ 80.2 million over two years. The firm confirmed Moraes' interventions "as the husband of the partner", at the request of its compliance office, and said the goal was to check for legal impediments, which were not found. There is no formal charge or criminal action against the justice.
Tuesday's session
The full court meets at 10 a.m. Tuesday (15), with Fachin voting first. Some justices tried to postpone the session and failed, as reported by Andréia Sadi's blog at G1. Mendonça, Luiz Fux and Kassio Nunes Marques are seen as favoring the investigation; Gilmar Mendes, Flávio Dino and Cristiano Zanin as opposing it. Moraes, the target of the review, may not vote, and Dias Toffoli is expected to sit out after declaring a conflict of interest in Master-related matters. The votes of Fachin and Cármen Lúcia are treated as decisive.
Moraes' allies are discussing a request for review that would delay the decision, G1 reports. The plenary must now decide whether the messages and the contract are enough to open the inquiry.