Moraes tries to judge Mendonça together at STF on Tuesday

The minister Alexandre de Moraes, of Supremo Tribunal Federal (STF), tries to maneuver so that the plenary of the Court judges on Tuesday the legality of the acts of the colleague Mendonça in the same process in which he is investigated. The strategy, according to experts, aims to change the focus of the trial and may postpone the analysis of evidence against Moraes.

The president of STF, Edson Fachin, had scheduled for next week only the analysis of petition 16,662, an investigation on Vorcaro that found evidence of crimes committed by Moraes. However, Moraes seeks to include in the agenda the performance of Mendonça, transforming the session into a double trial.

Strategy changes plenary focus

The legal strategy of Moraes aims to change the focus of the plenary of STF to allow the action of Mendonça to be the main object of the ministers. In short, the court would judge the legality of Mendonça’s acts before assessing any material evidence against Moraes.

According to constitutional lawyer Kevin de Sousa, in this scenario, the plenary of STF may even postpone Moraes’ trial. The maneuver displaces the center of gravity of the session, creating a procedural impasse.

"All or Nothing" Movement

In the assessment of experts, Moraes’s request for a double trial represents a “all or nothing” move by the minister that changes the center of gravity of the session. "The criticism of Moraes is that, if they believe that he extrapolated from one side, Mendonça extrapolated from another and he would also need to be investigated in the same count in which Moraes is targeted," he recalled.

The procedural offensive of Moraes still aims to build another technical barrier, based on the allegation of evidentiary contamination. In this context, Moraes can begin to base his arguments on article 158-A of the Code of Criminal Procedure on custody.

Claim of probationary contamination

The idea would be to maintain that the selective disclosure of dialogues corrupts procedural arms parity, according to Kevin de Sousa. To support this theory, Moraes and his allies have asked for the disclosure of the entire Master’s inquiry.

He even accused Mendonça of maintaining secrecy over 180 documents and said the colleague is trying to protect “a certain political group.” But Mendonça said that this number presented by Moraes is wrong and only ongoing investigations will still remain under secrecy.

The doctrine of poisoned fruits

According to Kevin de Sousa, the practical goal of the argument is the invocation of the doctrine of poisoned fruits. In it, if the source of a proof was born contaminated (poisonous tree), everything that is produced from it will also be contaminated and must be nullified (poisonous fruits).

Therefore, the decree of absolute nullity by the collegiate body would completely empty the legal value of the evidence gathered against Moraes. In fact, the disqualification of the investigative procedure fulminates the validity of any subsequent criminal representation against the minister.

Alert to the STF collegiate

The most sensitive vector of Moraes’ strategy transcends the Master Case: it is an existential alert directed directly to the corporate consciousness of the other nine ministers of the STF. Requests for the withdrawal of secrecy from more petitions are another way of exposing more eventually suspect colleagues and motivating them to drown out the case.

In designing Mendonça’s performance as a threat to the collegiate’s own integrity, Moraes shifts the focus from individual guilt to collective institutional risk. For jurists, the tactic may find resonance among peers, who fear similar exposure.

Tuesday’s trial promises to be a watershed for the STF. The decision of the plenary on the request of Moraes will define not only the fate of the minister, but also the limits of the individual action of each member of the Court. The Boca no Trombone Portal will continue to follow the case and bring updates once the session is completed.

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