Fachin retains Master case with STF to preserve Court

The president of Supremo Tribunal Federal, Edson Fachin, decided to keep under his responsibility the investigations on the banco Master, while he returned to the minister André Mendonça the investigation that finds frauds in discounts of the INSS. The decision was made amid a crisis between ministers of the Court, after frictions between Mendonça and Alexandre de Moraes. Fachin considered that the Master case involves pending institutional issues and risks to the image of the court.

Understand the division of cases

The INSS case focuses on fraud against retirees and involves external political figures, such as the son of President Lula. The Master case is much more sensitive to the court, as Federal Police reports directly mention conversations and close relationships between the bank’s former controller, Daniel Vorcaro, and several STF ministers, including Alexandre de Moraes.

Fachin returned the case to the INSS on the grounds that there is no longer any justification for holding him in the presidency, but retained the Master for involving pending institutional issues and risks to the Court’s image.

The retention of the Master case in the presidency serves as a strategic brake to prevent the original rapporteur, André Mendonça, from advancing investigations that could reach his own court colleagues. Jurists explain that by keeping the autos with him for up to 90 days, Fachin saves time for the internal environment to cool down and for the plenary to decide how to treat mentions of members of the Judiciary summit.

Crisis among ministers

The friction began when Mendonça, during the counts, identified messages on the cell phone of an investigator that indicated requests for guidance and intercession with authorities made to a number assigned to Alexandre de Moraes. In response, Moraes accused Mendonça of abusing authority and directing investigations. Faced with this crisis between two members of the same Court, Fachin "pulled" the processes for the presidency in September 2026.

Recently, the PGR stated that it did not find irregularities in the conduct of Mendonça, which allowed the return of part of the case. However, the Master case remains with Fachin, who awaits the completion of a Federal Police report and the end of a request for a view from Minister Flávio Dino, which is expected to occur only at the end of the year 2026.

What the lawyers say

For experts heard by the report, Fachin’s decision is a precautionary measure to preserve the stability of the court. By holding back the Master case, the president prevents the original rapporteur, André Mendonça, from proceeding with proceedings that could expose ministers of the Court. The expectation is that, after the 90-day period, the plenary of the STF will decide how to treat the mentions to members of the Judiciary.

In addition, the completion of the Federal Police report and the end of the Flávio Dino application for a view are expected by the end of 2026. Until then, the case remains in the custody of Fachin, who may decide on the next steps or refer the matter to the plenary.

Next steps

With the return of the INSS case to Mendonça, investigations into fraud against retirees should continue under the minister’s report. The Master case continues in the presidency of the STF, awaiting internal definitions. The source did not detail whether there will be further demonstrations by Fachin before the 90-day deadline.

The Boca no Trombone Portal will continue to monitor the unfolding of this crisis in the Supremo Tribunal Federal and will bring new information as it becomes available.

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