STF faction seeks Mendonça’s removal from Banco Master case during abuse-of-authority review

A faction of Brazil’s Supreme Federal Court that supports Justice Alexandre de Moraes is pressing court President Edson Fachin to temporarily remove Justice André Mendonça from investigations involving Banco Master and the National Social Security Institute, or INSS.

The group argues that Mendonça should not continue authorizing judicial measures or accessing evidence while questions remain about his conduct in the two cases. Moraes has characterized the alleged methods as an abuse of authority. People close to Mendonça, however, defend the integrity of his investigations and decisions.

Those allies also argue that the end of the fake news inquiry, in which Moraes is the rapporteur, should be considered as part of a way to ease tensions. Fachin said the response to the crisis would be “firm, proportionate and rigorous.” He said recent events confirmed the direction of his administration, including closing the fake news inquiry, adopting an ethics code and modernizing the judiciary.

Fachin has opened proceedings to assess whether a request to investigate Mendonça for abuse of authority, administrative misconduct and a crime of responsibility should be admitted. Moraes’s own action will also be examined. Fachin separately ordered Moraes, Mendonça, Prosecutor-General Paulo Gonet and Federal Police Director-General Andrei Rodrigues to provide information about a report alleging links between Moraes and former Banco Master banker Daniel Vorcaro.

Moraes’s allies say keeping Mendonça in charge of the Banco Master and INSS investigations could create future annulments because Moraes’s deputy formally requested an inquiry into alleged irregularities. The procedural mechanism Fachin could use remains unclear. He has been meeting individually with members of the court to assess the situation and seek a solution.

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firm, proportionate and rigorous