Brazil’s AGU Seeks to Suspend Mendonça’s Decision Removing Federal Police Chief

Brazil’s solicitor general has asked the Supreme Federal Court to suspend Justice André Mendonça’s decision removing Federal Police Director-General Andrei Rodrigues. The AGU argues that Mendonça’s order infringes on the president’s exclusive authority to choose, retain or replace the head of the Federal Police.

The court’s Second Panel formed a majority on Tuesday to uphold Mendonça’s decision. Justices Luiz Fux and Kassio Nunes Marques supported the rapporteur. Gilmar Mendes requested more time to review the case and later argued that the full court should decide it with all of its members.

The AGU also cited the administrative consequences of leaving the Federal Police leadership vacant. In its filing, the government body said the removal restricted, even temporarily, the president’s ability to exercise his constitutional authority over senior positions in the force.

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The premature removal, in violation of the natural judge principle, produces a concrete consequence for the organization and leadership of a top body of the Federal Public Administration, while restricting, even temporarily, the president’s ability to fully exercise the constitutional authority to choose, retain or replace those who occupy leadership positions within the Federal Police.

The dispute is part of a wider conflict involving Mendonça, Justice Alexandre de Moraes and the Federal Police. Mendonça is the rapporteur for the Compliance Zero operation, which investigates Banco Master and the National Social Security Institute. The AGU says that role raised concerns about his authority to impose the precautionary measure, because Rodrigues had been ordered to respond within five days in a separate case assigned to Chief Justice Edson Fachin.

Estadão reported that the AGU had already concluded the decision intruded on executive powers. The dispute intensified after Mendonça lifted the secrecy of investigations into the relationship between Moraes and Daniel Vorcaro. Two days later, Moraes released excerpts from a Federal Police intelligence report saying Mendonça “shows an interest in the opening of a formal investigation” into Banco Master and the INSS scandal.

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Shows an interest in the opening of a formal investigation