Spat between justices deepens Brazil Supreme Court crisis

Justices Alexandre de Moraes and André Mendonça accuse each other of abusing their power, leaving their colleagues lost on how to deal with the claims.RIO DE JANEIRO (CN) — Over hours of debate on Tuesday, Brazil Supreme Court justices traded accusations, shouted over one another and clashed over how to handle claims involving their colleagues.Justice Alexandre de Moraes accused Justice André Mendonça of targeting him for political purposes.Mendonça interrupted him, shouting: “That is a lie.”The conflict began with an investigation into a suspected fraud scheme involving billions of reais at Banco Master, a private bank. Mendonça was overseeing the case when he released a Federal Police report identifying de Moraes as a possible interlocutor of Daniel Vorcaro, the bank’s former owner.De Moraes responded by asking that Mendonça be investigated for abuse of authority, administrative misconduct and an impeachable offense.Gilmar Mendes, the court’s longest-serving justice, proposed Tuesday joining the two cases for a Sept. 23 session under a new, randomly assigned justice. But the court ultimately ended the unprecedented session without deciding how to handle the claims.Maíra Salomi, a criminal defense attorney and partner at the São Paulo-based firm Salomi Advogados, said the absence of clear provisions in Brazilian law or the court’s internal rules helps explain the procedural disagreements.Under Brazil’s adversarial criminal justice system, she said, the prosecutor general’s office must assess the evidence before the court can consider authorizing a police investigation.“A criminal investigation opened solely at the will of the full court is not acceptable,” Salomi said.Two of the 10 sitting justices did not vote; the court’s 11th seat is vacant. Justice José Antonio Dias Toffoli recused himself after disclosures that relatives had ties to a Banco Master investment fund.Kassio Nunes Marques, president of the Superior Electoral Court, recused himself, citing the case’s possible impact on the election. Messages in the investigation also mention his son.The session was suspended after Justice Flávio Dino asked for more time to review the case. Supreme Court President Edson Fachin, who is also overseeing the case, announced a provisional 4-3 vote in favor of keeping the cases separate.Dino’s vote wasn’t counted, but there is uncertainty within the court over whether Fachin can use his presidential tiebreaking power because he is also overseeing the case.Dino’s request gives him up to 90 days to return the case to the full court, although he may do so earlier. Until then, the tally remains provisional, and the court has not decided whether the cases will be joined or who will oversee them.“I have to stop this situation. The atmosphere will only get worse,” Dino said when asking for more time.Rodrigo Stumpf González, a political science professor at the Federal University of Rio Grande do Sul, said the suspension highlighted the different timelines of politics and the justice system.“Justice depends on much more flexible timelines, as we saw with the request for more time,” González said. “People who want an immediate answer will have to get used to the timeline of justice, which is different.”The justices can also afford to wait because they have tenure until mandatory retirement at 75, González said. Based on the material disclosed so far, the case against de Moraes would not be strong enough to remove him from office, González said.“One thing is to be convicted in the court of public opinion. Another is to turn that into admissible evidence in a judicial proceeding,” González said.The crisis comes less than three weeks before Brazil’s Oct. 4 general election.The dispute has become a campaign issue because de Moraes oversaw the case that resulted in former President Jair Bolsonaro’s conviction for attempting a coup after the 2022 election and a 27-year, three-month prison sentence. Bolsonaro appointed Mendonça to the court.Flávio Bolsonaro, the former president’s son and a presidential candidate, linked de Moraes to President Luiz Inácio Lula da Silva and promised to change the court’s composition if elected.Lula, who is seeking reelection, called for the full disclosure of the investigations and criticized selective leaks that could affect the campaign.Courthouse News reporter Marília Marasciulo is based in Brazil.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads