STF Delays Decision on Moraes Investigation, Votes 4-3 for Separate Analysis

The Supreme Federal Court (STF) held an extraordinary session on Tuesday to consider opening an investigation into Justice Alexandre de Moraes following a Federal Police report linking him to banker Daniel Vorcaro, owner of Banco Master. The session concluded with a 4-3 vote to analyze the cases involving Moraes and Justice André Mendonça separately, pushing a final decision to a later date.

Justice Flávio Dino requested a view (vista) of the case, which grants him up to 90 days to return the proceedings. This delay likely pushes any conclusion past the October elections. The procedural question was raised by Justice Gilmar Mendes, who argued the plenary should also examine alleged irregularities by Mendonça, the original rapporteur of the Banco Master case.

“Authorizing an investigation without knowing if the suspicion will be recognized would be a logical inversion of procedural acts.”

Justice Cristiano Zanin supported Mendes' motion, stating that authorizing an investigation into Moraes before ruling on Mendonça's possible impediment would constitute a "logical inversion of procedural acts." The motion has so far drawn favorable votes from Dino, Zanin, and Moraes himself. Chief Justice Edson Fachin favored judging the two justices on separate days.

Security inside the plenary was unusually tight, with more than 30 guards deployed and attendees' phones sealed. Justice Dias Toffoli declared himself impeded for reasons of personal conscience but remained until the session's end. Justice Kassio Nunes Marques also declared impediment. During the hearing, Mendonça reviewed a photograph of Vorcaro with his aide Luiz Phillipi Machado de Moraes Mourão, known as "Sicário," who died in Federal Police custody in March.

Columnists noted that Dino's forceful defense of Moraes complicates the government's stated aim of distancing the presidency from the Court's internal conflict. The session also featured vehement denials from Justice Luiz Fux after insinuations that other justices might have similar connections to Vorcaro.