Defense of Vorcaro asks Gilmar to decide on imprisonment

The defense of the banker Daniel Vorcaro, founder of Banco Master, filed on Monday (9.nov.2026) an appeal on Supremo Tribunal Federal (STF) asking the minister Gilmar Mendes to take over the analysis on the revocation of the client's pretrial detention. The request was addressed to the President of the Court, Minister Edson Fachin, who currently concentrates the urgent decisions of the case. Vorcaro has been imprisoned since March 4, 2026 in the Papuda Penitentiary Complex, in Brasilia, under the operação Compliance Zero.

He is being investigated on suspicion of leading a fraud of R$ 12.2 billion against the national financial system. The defence questions Fachin’s decision of 29 October 2026, which provisionally kept the STF Presidency’s urgent decisions on the case for up to 90 days. This action was taken after the case left Minister André Mendonça’s report in September. The appeal was registered with an urgent request and is available in full (PDF – 310 KB).

Defense points to illegal embarrassment

The lawyers contend that maintaining custody for more than 8 months without the offering of a complaint represents “unlawful embarrassment.” They argue that two cycles of mandatory review of pretrial detention — required by legislation every 90 days — have expired without reasoned deliberation. According to the petition, the absence of periodic analysis violates the accused’s fundamental rights and unduly prolongs pretrial detention.

For the defense, the situation worsens because there is no forecast of when the Public Prosecutor will file a complaint. In the meantime, Vorcaro remains collected in Papuda, without trial. The request highlights that pretrial detention must be exceptional and constantly reviewed, under penalty of becoming an anticipation of sentence.

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Regimental rule based on request

The defence invokes the Rules of Procedure of STF to justify the transfer of jurisdiction to Gilmar Mendes. According to the document, if the rapporteur cannot act outside the period of forensic recess, the oldest member of the collegiate body must replace him in the analysis of urgent matters. As Gilmar Mendes is the dean of the court and the 2nd Class, the lawyers argue that it is up to him to review Vorcaro’s requests for freedom.

The appeal recalls that the case is handled in the 2nd Class, of which Gilmar is the oldest member. The Defence considers that the Presidency of STF cannot withhold decisions indefinitely that would be up to the natural rapporteur or the regimental substitute. Therefore, he asks Fachin to reconsider his decision and send the cars to Gilmar Mendes.

Alternatives to prison are proposed

If the president of STF does not change the position, the defense requires that the appeal be brought to the Plenary of the Court to revoke pretrial detention. As alternative measures, it suggests the use of electronic anklet and passport retention. These measures, according to lawyers, would be sufficient to ensure law enforcement without keeping the accused incarcerated.

The petition highlights that Vorcaro has a fixed residence, constituted family and lawful business activities, which would reduce the risk of escape. In addition, the defense claims that he collaborated with the investigations from the beginning, there is no indication that he intends to obstruct justice. The source did not specify whether there was a public prosecutor’s statement on the request.

Context of operação Compliance Zero

operação Compliance Zero investigates an alleged billion dollar fraud scheme in the financial system, involving Banco Master and other institutions. Vorcaro is appointed as the leader of the scheme, which would have caused a loss of R$ 12.2 billion. The investigation runs in secret, and the defense complains of the delay in formalizing the prosecution.

The case has gained national repercussions for involving a medium-sized bank and expressive values. The arrest of Vorcaro was decreed in March, and since then the defense has been trying to reverse the measure. The transfer of the Mendonça process to the Presidency of STF raised questions about the competence to decide urgent issues.

Next steps in the STF

President Edson Fachin is expected to consider the request for reconsideration. If he refuses, the appeal may be submitted to the Plenary, which will decide on the revocation of the prison and the precautionary measures. There is no set time limit for this analysis. The defense awaits a quick response, considering the time of imprisonment already served.

The case goes on without formal complaint, which increases the pressure on the STF to define the situation of Vorcaro. The decision on the competence of Gilmar Mendes may influence other similar processes. Meanwhile, the banker remains trapped in Papuda, and the defense continues to seek alternatives to secure his freedom.

📄 Related Documents

📎 in full (order-daniel-vorcaro-stf-fachin-gilmar-9nov2026.pdf)

📎 Internal Rules of the Court (ristf.pdf)

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Supremo Tribunal Federal (portal.stf.jus.br)

Edson Fachin (portal.stf.jus.br)

Gilmar Mendes (portal.stf.jus.br)

André Mendonça (portal.stf.jus.br)