Fachin Returns INSS Probe to Mendonça While Keeping Master Case With Presidency

Overview

• Fachin formally returned the Operação Sem Desconto files that probe INSS benefit fraud to Justice André Mendonça, clearing the relator to resume routine decisions that had been frozen.
• The president of the Supreme Court kept the Operação Compliance Zero inquiries into Banco Master under presidential custody for up to 90 days to await a detailed Federal Police report on references to ministers and a plenary referendo.
• The split decision follows a Procuradoria-Geral da República assessment that found no elements characterizing abuse of authority in Mendonça’s conduct, which justified different procedural outcomes for each case.
• Records show the Master probes include Police Federal reports mentioning Supreme Court ministers and messages from banker Daniel Vorcaro, which prompted Fachin to seek the PF report before any redistribution or desmembramento.
• The transfers end a period of procedural paralysis that began in September and left defence motions such as habeas petitions, asset unblocking and medical-exam requests unaddressed, and the court must now clear the resulting backlog.