On Thursday, Justice Alexandre de Moraes of Brazil’s Supreme Federal Tribunal (STF) called for an investigation into fellow Justice André Mendonça for what he described as “abuse of authority.” This followed Mendonça’s decision to unseal a police report containing supposed messages between de Moraes and a banker who has been arrested on corruption charges.
The incident has been characterized by both local and international media as a sort of “civil war” within Brazil’s highest court. Chief Justice Edson Fachin of the STF has sought clarification from those involved in the allegations made by de Moraes, amid the ongoing crisis within the judiciary.
Justice Mendonça is one of the judges dealing with the “Banco Master” case, which centers around significant corruption accusations linked to a Sao Paulo-based bank. The banker Daniel Vorcaro, currently held in police custody, is prominently associated with the broad corruption allegations surrounding the case.
The Banco Master investigation has reportedly broadened to include inquiries related to Brazil’s largest criminal organization, the Primeiro Comando da Capital (PCC), which has been designated by the U.S. as a Specially Designated Global Terrorist and Foreign Terrorist Organization.
Recently, as part of the unfolding investigations, Justice Mendonça revealed a report from Brazil’s Federal Police (PF) that examined WhatsApp messages found on Vorcaro’s phone that allegedly involved a device linked to Justice de Moraes. According to reports, this device was taken by police during Vorcaro’s arrest. Mendonça has asked Brazil’s Prosecutor General, Paulo Gonet, to review and provide insights on the police report.
On Thursday, de Moraes accused Mendonça of “abuse of authority” and formally requested an investigation into his conduct, presenting the request to STF Chief Justice Edson Fachin. In his allegation, de Moraes claimed Mendonça had possibly engaged in “irregularities” in handling the extensive corruption case and its related police activities.
According to reports, de Moraes indicated that the documentation tied to the case presented “strong evidence” of misconduct and abuse of authority attributed to Mendonça. He further alleged that Mendonça had overstepped police authority, driven by “political and personal motives,” leading to what he described as a loss of impartiality.
Additionally, de Moraes has requested that the inquiry into Mendonça occur within the context of an ongoing investigation concerning “fake news.” He has been known for using this inquiry, instituted in 2019, to justify actions that many see as targeting conservative figures in Brazil, including former President Jair Bolsonaro.
Justice Fachin has since rejected the inclusion of the inquiry into “fake news” on Friday morning. Instead, he forwarded de Moraes’ complaint directly for consideration on his desk. He granted Mendonça and Prosecutor General Gonet a five-day window to respond to the allegations made by de Moraes.
Furthermore, Fachin promised to conclude the contentious “fake news” inquiry, asserting a commitment to provide a “firm, proportional, and rigorous response” to the crisis within the STF while he was accompanied by socialist President Luiz Inácio Lula da Silva at the Brazilian presidential palace.
Fachin stated, “The facts are being investigated. This presidency will adhere to the Constitution and the law. We will follow due process as required by the legal framework,” according to reports.
He emphasized the need to preserve the integrity of the Republic, asserting that “no authority is above the Constitution,” and insisted that no governmental branch supersedes the law. Lula, in comments made during Fachin’s visit, reportedly nodded to the importance of equality before the law, though he didn’t name de Moraes directly.
“As President of the Republic, I am dedicated to making every effort to ensure that Brazilian society maintains faith and trust in the institutions that uphold our democratic system,” Lula remarked.
At press time, neither Alexandre de Moraes, André Mendonça, nor Prosecutor General Paulo Gonet had offered public comments regarding Justice Fachin’s announcements from Friday morning.
