Marco Aurélio condemns attempt by Moraes to investigate Mendonça

The retired minister of the Supremo Tribunal Federal (STF), Marco Aurélio Mello, spoke publicly on Friday, September 4, in defense of the minister André Mendonça. The declaration comes amid an institutional crisis in the Court, after Alexandre de Moraes requested the president of the court, Edson Fachin, to include Mendonça in the investigation of the fake news. The impasse began after the breach of secrecy of messages between Moraes and a businessman.

Marcus Aurelius expressed strong concern about what he called an authoritarian stance when he saw a minister try to include a fellow Corte in an inquiry under his own report. For the former magistrate, the attitude hurts basic principles of the legal system. He stressed that, in the legal system, the investigator is the police, while the judge must only captain the process.

The role of the judge is to captain, not to investigate

The central criticism of Marcus Aurelius falls on the confusion of roles in the episode. He stressed that a judge should not take the role of victim in the case and advocated that the STF give clear answers to society in public sessions. The speech suggests that transparency is essential to preserve the credibility of the court in a time of internal tension.

The former minister also went out in defense of the conduct of André Mendonça. For him, Mendonça cannot be attacked or execrated for fulfilling his role, using the logic that attack would be the best defense. The expression refers to the idea that, under pressure, the magistrate would have acted reactively, but within his attributions.

Understand the origin of the crisis between ministers

The tension escalated when Mendonça withdrew the secrecy of a Federal Police report containing messages between Moraes and Daniel Vorcaro, owner of the Banco Master. The decision exposed dialogues that, until then, had been under secrecy of justice. After the revelation and the charging of Mendonça for a positioning of the Attorney General of the Republic, Moraes reacted by seeking authorization to investigate the colleague in the so-called 'enquiry of the end of the world'.

The climate warmed behind the scenes, with reports of harsh conversations between the two magistrates in cabinets, although they maintained the appearance of institutional normality during the plenary sessions that took place throughout this week. The apparent calm in the sessions contrasts with the friction in the corridors of the STF, according to behind-the-scenes information.

Defense of Lava Jato and Moro

During his analysis, the retired minister took the opportunity to defend the driving of the Operação Lava Jato by former judge Sergio Moro. He disagrees with the thesis that Moro acted as an investigator, stating that this role was played by the Public Prosecutor’s Office and that Moro acted strictly as a judge. The declaration rekindles the debate on the limits of judicial action in cases of great repercussion.

The speech of Marcus Aurelius connects the current episode to a history of discussions about impartiality and separation of functions in the Judiciary. In defending Moro, he reinforces the idea that the judge should stick to the analysis of the evidence presented, without taking on investigative protagonism.

Institutional impact and next steps

The crisis exposes internal divisions in the STF and raises questions about the independence of ministers. Moraes’ request to investigate Mendonça still depends on President Edson Fachin’s decision. So far, the source has not detailed whether there is a deadline for such an analysis or whether the case will be taken to the plenary.

For society, the outcome can influence confidence in the court. Marcus Aurelius argued that answers should be given in public sessions, which would allow for greater scrutiny of decisions. The Boca no Trombone portal will continue to monitor the unfolding of this institutional crisis and will bring new information as it becomes available.

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