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STF Suspends Decision on Whether to Investigate Alexandre de Moraes

The court’s pause gives justices up to 90 days to rule, raising the chance the matter will not be resolved before the October election and deepening questions about the Court’s credibility.

Plenário do STF durante sessão contra Moraes
Sessão extraordinária do STF nesta terça-feira, 15
Levantamento do sigilo sobre as investigações do Caso Master expôs um atrito direto entre Paulo Gonet e André Mendonça.
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Overview

  • The plenary session called by President Edson Fachin on Tuesday, September 15 did not reach the merits after hours of procedural fights and heated exchanges between ministers.
  • Minister Flávio Dino asked for a pedido de vista, which under current rules can delay the case for up to 90 days and effectively freezes any decision on opening an investigation into Alexandre de Moraes.
  • A Polícia Federal intelligence report citing 52 messages from ex-banker Daniel Vorcaro to Moraes was presented in the files, but the Procuradoria-Geral da República has asked for that PF report to be annulled and said it lacks validity.
  • Ministers Kassio Nunes Marques and Dias Toffoli recused themselves from voting by declaring impediment and suspeição respectively, highlighting sensitivity about electoral impact and conflicts of interest.
  • The dispute has broadened into an institutional crisis because Fachin’s assumption of relatoria after Mendonça circulated the PF material was criticized as an 'avocatória', President Lula has called for wider probes and judicial reform, and the delay raises tangible risks of electoral contamination and further damage to the Court’s standing.