Justices Alexandre de Moraes and André Mendonça of Brazil's Supreme Federal Court (STF) traded accusations openly on Tuesday (15) during a full bench session. The session decides whether the court will open an investigation into Moraes based on messages found on the phone of Daniel Vorcaro, former owner of Banco Master. Moraes demanded that his own conduct and Mendonça's handling of the case be judged together, and accused his colleague of bias.
The clash began when Moraes resumed his accusation that Mendonça tried to steer the work of the Federal Police. "There is no way to judge today [Moraes's situation] without judging [Mendonça's situation]. Who is afraid of the Federal Police?", he asked. Mendonça replied: "It is not a question of fear."
"I am not asking Your Excellency", Moraes said. "But I am answering you", Mendonça said.
Moraes said he has witnesses that his colleague asked the Federal Police, in a meeting, to include a justice in a plea bargain. "I have witnesses that minister André, in a meeting, said: 'Ask for this'", he declared. Mendonça shot back: "That is a lie." According to news site G1, he added: "A lie, a lie. Call whoever you want, they will lie." Moraes raised his tone and said Mendonça "is serving a political group that tried to stage a coup in this country". He called the investigation used against him "fraudulent" and argued that the Federal Police intelligence reports behind his own accusations against his colleague are not anonymous documents, because they were produced by police delegates.
Background to the crisis
The crisis at the court deepened after Mendonça, the justice overseeing the Master investigations, lifted the secrecy on Federal Police reports. One document listed 52 messages between Vorcaro and Moraes, in person meetings between the two, and a 130 million reais contract between the bank and the law firm of the justice's wife, Viviane Barci de Moraes. In Tuesday's session, the court examines the validity of that report and a request by the Prosecutor General's office (PGR) to void it. Prosecutor General Paulo Gonet argues that Mendonça should not have requested investigations into the recipient of the messages without a request from prosecutors or from the police itself.
Court president Edson Fachin split the cases. The messages between Vorcaro and Moraes stayed on Tuesday's agenda; Moraes's accusations against Mendonça were set for September 23, because investigation deadlines remain open. Earlier in the session, Dias Toffoli declared himself suspect for reasons of personal conviction and Kássio Nunes Marques declared himself barred from voting. Neither will take part in the vote.
The justices continue the session to decide whether there are grounds to open the investigation against Moraes. The next round of the standoff is scheduled for September 23, when the full court takes up Moraes's accusations against Mendonça.