Crisis between Mendonça and PF escalates and involves Moraes, Dino and Fachin

The tension between Minister André Mendonça, of Supremo Tribunal Federal (STF), and the Federal Police (PF) worsened over the course of 2023, turning into an institutional crisis that also involved Ministers Alexandre de Moraes, Flávio Dino and Edson Fachin. The stopim was a series of monocratic decisions of Mendonça on sensitive investigations, which the PF interpreted as interference in its administrative autonomy.

In an attempt to reduce tensions in the Court, the president of STF, Minister Edson Fachin, suspended both the decision of André Mendonça, which had removed Rodrigues and Almada, and the decision of Dino, which had determined the renewal of the two to the positions. Fachin stated that the divergent monocratic decisions created a conflict between court orders and determined that the Presidency of STF centralize the case.

Mendonça restrictions generate friction with PF

Mendonça, then, began to impose restrictions on access to the information of the investigation, allowed that certain data were concentrated only in the hands of the federal police directly involved in the investigation and limited sharing, especially with the summit of the institution. In PF, the measure was interpreted as a reduction in the administrative autonomy of the corporation and a mistrust about leaks of confidential information.

Throughout March and April, Mendonça adopted measures that increased the direct tension with the management of FP, including requirements related to the flow of documents, the composition of the teams and the sending of information directly to the rapporteur’s office. The PF came to understand that some judicial determinations of Mendonça went beyond the jurisdictional control over the investigation and advanced on the internal management of the corporation as judicial police and, therefore, responsible for the investigation.

Dissatisfaction with the rhythm of the operation No Discount

In June of this year, the tension gained another dimension when Mendonça began to demonstrate dissatisfaction with the rhythm of the investigations related to the operation Sem Desconto, which investigates frauds in INSS benefits and reached people close to the government. A timeline involving PF and STF also indicates Mendonça’s dissatisfaction with the driving and speed of certain diligences. The episode increased the political sensitivity of the relations between the minister, the PF and the Lula government.

The minister determined that any changes in the police team were previously communicated to him and that data extractions from physical documents and electronic devices were sent to the office of STF. Within the FP, these determinations of Mendonça were seen as an interference in the administration of the research teams. The corporation even sought help from AGU to react institutionally.

PF intelligence reports on Mendonça

In August, the crisis changed. From the 3rd to the 31st, the PF intelligence area produced at least six reports on Mendonça’s actions, indicating possible direction and political interference in the investigations. The PF documents analyzed the minister’s decisions in the Master and INSS cases, the relationship with other authorities and possible explanations for certain decisions.

One of the reports would have specifically analyzed the relationship between Mendonça and Jorge Messias. Others dealt with issues related to the conduct of the Master and INSS cases. For Mendonça, this set of documents would demonstrate that there was no punctual analysis, but a systematic monitoring.

Presence of Vorcarus

On August 27, the date on which Vorcaro was due to give a new testimony to the PF, the former banker was heard by the Mendonça office on the grounds that he was suffering serious threats, causing a new animosity among the institutions. Vorcaro made it clear that he could collaborate more on a report and said he was being coerced not to talk about members of the current government and the conduct of investigations, especially the performance of Andrei Rodrigues.

The testimony to the PF was granted on August 28, without mentioning the hearing of the previous day, to the office of Mendonça. The sequence of events deepened the mutual distrust between the minister and the corporation.

Dispute between Mendonça and Moraes intensifies

On September 1, the crisis became decisive. According to Mendonça's decision, Andrei Rodrigues sent reports to Alexandre de Moraes. In the same period, Moraes would have started to use the material to question the conduct of Mendonça. The existence of the documents is no longer an internal matter of the PF and has become directly part of the dispute between the two ministers of the STF.

The episode occurred at the same time that Mendonça made public messages involving Daniel Vorcaro and Moraes in the Master case. The result was a reversal of the crisis. Mendonça was investigating elements related to Moraes, while Moraes went on to ask for an investigation into Mendonça. PF reports have become pieces of this dispute.

The secrecy of the reports is lifted

On September 3, Alexandre de Moraes lifted the secrecy of the reports within the fake news investigation, which he has presided over for seven years. The disclosure made public a series of assessments made by PF intelligence about Mendonça. Since then, the crisis has gained public contours, with potential impact on the image of institutions and on the relationship between the STF and the Federal Police.

The unfolding of the case remains open, and new decisions can redefine the boundaries between judicial action and the autonomy of the judicial police. The Boca no Trombone portal will continue to follow the next chapters of this institutional crisis.

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