Fachin votes to keep Moraes and Mendonça cases separate

The president of Supremo Tribunal Federal (STF), Luiz Edson Fachin, voted on Tuesday (15) to keep separate the analyses of the conducts of Alexandre de Moraes, in relation to Daniel Vorcaro, and of André Mendonça, in the conduct of the Master case report. The decision came at the resumption of the Court’s session, amidst the crisis that has begun between the ministers.

Fachin took a stand against a point of order presented by Minister Gilmar Mendes, who wanted the joint trial of the reports with information from the Federal Police on the two ministers. With this, the president of STF voted for the trial on Moraes to continue to be analyzed in the session of Tuesday.

Fachin rejects redistribution of the report

The president of STF was also against the redistribution of the report on Alexandre de Moraes, which he pulled into his cabinet. Gilmar argued that there should be a draw for the definition of a new rapporteur, claiming that this is what is provided for in the Rules of Procedure of the Court.

The other ministers will still take a position on this question presented by Gilmar Mendes, which was even suggested by minister Flávio Dino. The expectation is that the session will be extended with the votes of the other members of the court.

Dino and Zanin open up divergence

After Fachin’s vote, Minister Flávio Dino, who suggested to Gilmar to present the point of order, opened up disagreement and voted for the connection of the two cases. Minister Cristiano Zanin accompanied Dino in the divergence, voting in favour of Gilmar's point of order.

Zanin then said that, in his assessment, Minister André Mendonça should not vote on the report of Vorcaro's messages to Alexandre de Moraes. Zanin's position adds one more element to the internal dispute in STF.

Understand the crisis among ministers

The crisis intensified after Minister André Mendonça lifted the secrecy of Federal Police reports on the investigations of Banco Master. One of the documents pointed to 52 messages between the banker Daniel Vorcaro and the minister Alexandre de Moraes, as well as face-to-face meetings between the two and a contract of R$ 130 million between the bank and the office of Moraes’ wife, Viviane Barci de Moraes.

The disclosure of the documents provoked a confrontation between Moraes and André Mendonça, rapporteur of the investigations of the Master case. Moraes accused the colleague of making a "selective" release of the autos and omitting documents. Mendonça denied and claimed that he kept under secrecy only information necessary to preserve ongoing investigations and data from third parties.

Access to Vorcaro's cell phone tests

The dispute also involved access to evidence extracted from Vorcaro’s cell phone. Moraes, Cristiano Zanin and Gilmar Mendes requested full access to the material. After Zanin's determination, PF confirmed on Monday that it had delivered copies of the digital collection to the three offices. The PGR also expressed itself in favour of expanding access to documents.

In the face of the conflict, the president of STF, Edson Fachin, decided to separate the processes. The case involving the messages between Vorcaro and Moraes will be analyzed by the Plenary on Tuesday (15). Moraes’ charges against Mendonça were set for September 23.

The session on Tuesday promises to be decisive for the direction of the crisis in the Supreme. Follow the updates on the Boca no Trombone.

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