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Moraes likely to keep case targeting Maranhão journalist's informants in First Chamber

From Folha de S.Paulo · () Portuguese

Translated from Portuguese, summarized and contextualized by DistantNews.

At a glance

News Named sources Under investigation
  • Supreme Court Justice Alexandre de Moraes is expected to keep a case involving informants of a journalist from Maranhão within the First Chamber, avoiding a full court review.
  • The case involves security concerns for Minister Flávio Dino and accusations of persecution against him, but critics point to the breach of journalistic source confidentiality.
  • The decision to authorize searches and seizures in the state has not yet been reviewed by the full court, and the case's progression is uncertain.

Supreme Court Justice Alexandre de Moraes is reportedly set to keep a case concerning informants of a Maranhão-based journalist within the First Chamber of the court. This move would prevent the matter from being heard by all justices, a decision that has drawn criticism regarding the potential breach of journalistic source confidentiality.

The case is linked to security concerns for Minister Flávio Dino and allegations of persecution against him. However, the decision to authorize searches and seizures in the state has not yet been submitted for review by the full court. Justice Moraes, who is the rapporteur for the case, has indicated to colleagues that he does not intend to forward it to the full bench, despite the court's president, Luiz Edson Fachin, publicly signaling a preference for plenary review of such matters.

Moraes was assigned as rapporteur after the case was incorporated into an ongoing inquiry into fake news, which investigates attacks and threats against court ministers since 2019 and has no set conclusion date. This assignment bypassed the standard judicial lottery system for case distribution among the court's chambers.

The First Chamber consists of Justices Moraes, Dino, Cristiano Zanin, and Cármen Lúcia. With one seat vacant, if Minister Dino recuses himself due to being the alleged victim, the case could potentially be decided by only two other justices besides the rapporteur. The investigation is currently under seal, and the Public Prosecutor's Office has agreed with the measures authorized by Moraes following a representation by the Federal Police concerning texts published on journalist Luís Pablo's blog about the alleged irregular use of vehicles from the Court of Justice of Maranhão by Dino.

The presidency has the conviction that the strength of the court lies in its collegiality, the best expression of solidarity with its members, whether by confirming monocratic decisions or by deliberating on the fate and duration of investigations. The presidency will adopt the...

— Luiz Edson FachinCourt President Luiz Edson Fachin expressed his view on collegiality and the handling of investigations during a plenary session, signaling a preference for full court review.
DistantNews Editorial

Originally published by Folha de S.Paulo in Portuguese. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.