Mendonça Will Consult Fachin Before Deciding on Investigation Request Concerning Moraes

André Mendonça is expected to consult Supreme Federal Court President Edson Fachin before deciding whether to formally request an investigation into fellow Justice Alexandre de Moraes. The approach reflects Mendonça's practice of discussing highly sensitive institutional matters with Fachin in advance.

The possible investigation concerns Moraes's relationship with banker Daniel Vorcaro and a 130 million reais contract between Banco Master and the law firm of Viviane Barci, Moraes's wife. Records indicate that Moraes edited the firm's contract with Vorcaro. Both the justice and Viviane Moraes acknowledged having access to the matter but denied any illegality.

Court members expect Fachin to weigh two central issues. One is the response from the Prosecutor-General's Office to Mendonça's request for information about messages exchanged by Moraes and Vorcaro. The other is the effect that investigating a Supreme Court justice could have on the reputation of the institution itself. The approaching election period may also influence the decision.

Fachin has publicly supported creating an internal ethics code for the Supreme Court, although the proposal faces strong resistance from other justices. He has also taken more cautious positions during previous institutional crises. In the case involving Justice Dias Toffoli, who initially served as rapporteur in the Banco Master matter, Fachin helped arrange what the court described as an honorable exit. Toffoli left the case without being formally declared disqualified or suspected of wrongdoing, while a joint court statement protected his standing.

Mendonça has asked the Prosecutor-General's Office to examine a message found on Vorcaro's phone. In it, the former Banco Master owner said he needed protection from Prosecutor-General Paulo Gonet and Federal Police Director-General Andrei Rodrigues. Messages obtained in the investigation reportedly show that Moraes and Vorcaro discussed sensitive details of Operation Compliance Zero, including dates and times of planned Federal Police actions.