{"id":100012,"date":"2026-09-16T20:04:35","date_gmt":"2026-09-16T23:04:35","guid":{"rendered":"https:\/\/murray.adv.br\/?p=100012"},"modified":"2026-09-16T20:05:22","modified_gmt":"2026-09-16T23:05:22","slug":"supreme-court-delays-vote-on-probe-of-justice-moraes","status":"publish","type":"post","link":"https:\/\/murray.adv.br\/en\/supreme-court-delays-vote-on-probe-of-justice-moraes\/","title":{"rendered":"Supreme Court delays vote on probe of Justice Moraes"},"content":{"rendered":"
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Justice Fl\u00e1vio Dino asks for more time after tense session, potentially pushing decision beyond October election<\/strong><\/em><\/h6>\n<\/div>\n<\/div>\n
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Supreme Court justices (from left): Fl\u00e1vio Dino, Andr\u00e9 Mendon\u00e7a, Alexandre de Moraes, Dias Toffoli and Gilmar Mendes \u2014 Photo: Gustavo Moreno\/STF<\/em><\/figcaption><\/figure>\n<\/div>\n<\/div>\n<\/div>\n
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Brazil\u2019s Supreme Federal Court<\/strong> (STF) suspended its session Tuesday (Sept. 15) without reaching a decision on a Federal Police report<\/a> containing messages sent by former banker Daniel Vorcaro<\/strong>, owner of Banco Master, to a mobile phone number attributed to Justice Alexandre de Moraes<\/strong>. Justice Fl\u00e1vio Dino<\/strong> asked for more time to review the case.<\/p>\n<\/div>\n

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The session was consumed by arguments among the justices and a procedural motion filed by Gilmar Mendes<\/strong> seeking to have the case considered alongside Moraes\u2019s request for an investigation into Justice Andr\u00e9 Mendon\u00e7a for alleged abuse of authority. As a result, the court never reached the central question of whether Moraes should be investigated.<\/p>\n<\/div>\n

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Dino has up to 90 days to return the case for consideration. If he uses the full period allowed under court rules, the proceedings would resume, at the earliest, in early December. Justices consulted by Valor said Dino is unlikely to seek to put the case back on the agenda before the October elections.<\/p>\n<\/div>\n

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The pause could also delay a hearing scheduled for Sept. 23 on Moraes\u2019s request for an investigation into Mendon\u00e7a over alleged abuse of authority. Citing Federal Police reports, Moraes alleged irregularities in Mendon\u00e7a\u2019s handling of the Banco Master and National Social Security Institute (INSS)<\/a> cases, saying his colleague had acted to target certain individuals while shielding others.<\/p>\n<\/div>\n

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At the start of the session, Justice Kassio Nunes Marques<\/strong> recused himself, a move that could alter the balance when the court eventually considers the merits of the case \u2014 whether Moraes should be investigated.<\/p>\n<\/div>\n

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Nunes Marques cited his position as president of the Superior Electoral Court (TSE), saying he had no doubt the proceedings could affect the electoral process. Justice Dias Toffoli <\/strong>again stepped aside, as he has in all Banco Master cases since business ties emerged involving a fund linked to Fabiano Zettel<\/strong>, Vorcaro\u2019s brother-in-law.<\/p>\n<\/div>\n

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Dino requested more time after an argument between Justices Mendes and Mendon\u00e7a \u2014 one of several heated exchanges during the session. He said the atmosphere in the courtroom made it impossible for the justices to deliberate, noting that Brazil was only days away from a presidential election.<\/p>\n<\/div>\n

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\u201cWe are speaking in terms that degrade the Court\u2019s image. Your Honor has been watching this for hours. If Your Honor is going to keep watching, I will not. We are in no position to deliberate. The atmosphere is only going to get worse, and society is watching,\u201d Dino told Chief Justice Edson Fachin<\/strong>.<\/p>\n<\/div>\n

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Even after Dino requested more time, the justices continued casting votes on the procedural motion. The session ended with a 4-3 vote against considering the two cases together. Fachin,<\/strong> who is overseeing the Moraes case, was joined by Luiz Fux,<\/strong> Mendon\u00e7a<\/strong> and C\u00e1rmen L\u00facia.<\/strong> Cristiano Zanin<\/strong>, Mendes<\/strong> and Moraes<\/strong> voted in favor of combining the proceedings.<\/p>\n<\/div>\n

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Dino had earlier supported considering the cases together but withdrew his vote after requesting more time to review the matter.<\/p>\n<\/div>\n

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Courtroom clashes<\/strong><\/p>\n<\/div>\n

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The session featured repeated accusations and direct confrontations, particularly between Mendon\u00e7a and some of the court\u2019s more outspoken members, including Moraes and Mendes.<\/p>\n<\/div>\n

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The most heated exchange came after Prosecutor General Paulo Gonet<\/strong>, who is also mentioned in the Federal Police report over alleged ties to people connected with Banco Master, defended himself.<\/p>\n<\/div>\n

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\u201cIt is astonishing that someone of Paulo Gonet\u2019s stature is subjected to this kind of insinuation. This is what is reckless [on Mendon\u00e7a\u2019s part]. A man driven by a policing mentality, alongside his police chiefs. The shamelessness of this man is astonishing,\u201d Mendes shouted.<\/p><\/blockquote>\n

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\u201cThe shamelessness is yours, Your Honor. Respect me. Respect me. This is not a joke,\u201d Mendon\u00e7a shouted back.<\/p>\n<\/div>\n

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\u201cGo ahead and cry, go ahead and cry,\u201d Mendes replied.<\/p>\n<\/div>\n

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\u201cI\u2019m not crying. There\u2019s no crying here. Show some respect,\u201d Mendon\u00e7a said.<\/p>\n<\/div>\n

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In another clash between the two, Mendes accused Mendon\u00e7a of taking a \u201cpolitical-electoral\u201d approach to the Banco Master case.<\/p>\n<\/div>\n

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\u201cThere is an unmistakable political-electoral bias in the way this matter was handled. An obvious political-electoral approach. You don\u2019t do that. Decent people don\u2019t do that,\u201d Mendes said.<\/p>\n<\/div>\n

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Mendon\u00e7a fired back.<\/p>\n<\/div>\n

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\u201cYour Honor is being reckless, Justice Gilmar. Don\u2019t point your finger at me. You are not speaking to just anyone. Respect this Court.\u201d<\/p>\n<\/div>\n

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At another tense moment, Mendon\u00e7a said there was a \u201cparallel Federal Police\u201d responsible for allegedly monitoring Supreme Court justices.<\/p>\n<\/div>\n

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\u201cWe now have a parallel Federal Police. A parallel Federal Police carrying out surveillance. Don\u2019t think you\u2019re safe either, Justice,\u201d Mendon\u00e7a said.<\/p><\/blockquote>\n

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Moraes then said he himself had been investigated at Mendon\u00e7a\u2019s direction.<\/p>\n<\/div>\n

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\u201cWho is afraid of the Federal Police? Who called the Federal Police and demanded that a colleague be included in a cooperation agreement? And we will bring that here, Chief Justice. We will bring it here and call witnesses, whom I will name,\u201d Moraes said.<\/p>\n<\/div>\n

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Moraes described the Federal Police report mentioning him as a \u201cfraudulent investigation\u201d carried out by Mendon\u00e7a.<\/p>\n<\/div>\n

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\u201cEverything that was done, this fraudulent investigation into me, began long ago. Justice Andr\u00e9, in a meeting, said: \u2018Include Justice Alexandre.\u2019 Why? Because he is serving a political group that tried to stage a coup in this country,\u201d Moraes shouted, as Mendon\u00e7a repeatedly said: \u201cThat\u2019s a lie.\u201d<\/p>\n<\/div>\n

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Mendon\u00e7a was appointed to the Supreme Court by former President Jair Bolsonaro<\/strong>, who is serving a prison sentence after being convicted over an attempted coup.<\/p>\n<\/div>\n

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Mendon\u00e7a argues that when he asked the Federal Police to identify the recipients of Vorcaro\u2019s messages, he did not know Moraes\u2019s name would emerge. He said he requested the report because the messages mentioned Gonet and Federal Police Director General Andrei Rodrigues<\/strong>.<\/p>\n<\/div>\n

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Fachin\u2019s handling<\/strong><\/p>\n<\/div>\n

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Fachin\u2019s management of the case also drew criticism from fellow justices.<\/p>\n<\/div>\n

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Moraes said there was nothing for the court to vote on because neither the Federal Police nor the Prosecutor General\u2019s Office (PGR) had requested an investigation into him, which he argued would make the opening of a formal inquiry impossible.<\/p>\n<\/div>\n

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\u201cIs there any request to investigate me? No. What exactly are you going to vote on?\u201d Moraes asked.<\/p>\n<\/div>\n

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Dino, meanwhile, criticized Fachin for taking over the case himself, arguing that the move upset the balance among the Supreme Court\u2019s members.<\/p>\n<\/div>\n

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\u201cThis is a court of equals, and so we have to follow the rule. And the rule says that in no court in the country may a president remove a rapporteur,\u201d Dino said.<\/p>\n<\/div>\n

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C\u00e1rmen L\u00facia\u2019s dismay<\/strong><\/p>\n<\/div>\n

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C\u00e1rmen L\u00facia remained silent for almost the entire session, speaking only when it was her turn to vote on Mendes\u2019s procedural motion.<\/p>\n<\/div>\n

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