Suspect in data leak involving minister's wife asks for Moraes to be removed from case

The defense team for businessman Marcelo Conde has formally requested that Justice Alexandre de Moraes be recused from presiding over a case investigating alleged data leaks from Brazil's Federal Revenue Service. The leak reportedly involves magistrates and their relatives.

Conde's lawyers argue that Moraes cannot impartially handle the case because his wife, lawyer Viviane Barci de Moraes, is allegedly among the individuals whose sensitive data was compromised. Marcelo Conde, currently living in Spain and considered a fugitive by Brazilian authorities, has been subject to a preventive arrest order since early April and is also included in an inquiry into fake news.

He claims to be the target of a "harsh judicial action" by Moraes. The internal regulations of the Supreme Court dictate that recusal requests are first directed to the court's presidency for admissibility review. If admitted, the minister in question is heard, and the case proceeds to the full court for judgment. In a separate instance, Justice Dias Toffoli recused himself from a case involving Banco Master after his connections to the institution were revealed.

It remains unclear who will review Conde's recusal request, as Justice Alexandre de Moraes recently assumed the presidency of the Supreme Court on a rotating basis with Edson Fachin. During the judicial recess, the president is responsible for deciding urgent matters. The Supreme Court has not yet issued a statement regarding the recusal petition, which is common for confidential proceedings like the fake news inquiry.