巴西最高法院两法官互指滥权，在巴中资企业司法合规风险短期上升

Supreme Court Justice André Mendonça rejected accusations by fellow Justice Alexandre de Moraes regarding his handling of investigations into Banco Master and Brazil’s social security system. He asked the court’s chief justice to dismiss the case against him and to investigate Moraes instead for alleged abuse of authority and false accusations. The defense made the requests in a filing submitted to Chief Justice Edson Fachin. Crisis stems from justices holding ‘too much power,’ professor says New disclosure deepens turmoil at Brazil’s Supreme Court Supreme Court needs oversight body, expert says “With all due respect, this justice is not the one who should have been included in that never-ending investigation, which has dragged on for more than seven years,” Mendonça wrote, referring to Moraes’s use of the so-called fake-news inquiry as the basis for accusing him of crimes. Moraes sought an investigation into Mendonça based on Federal Police intelligence reports that Mendonça describes as anonymous and lacking evidentiary value. The reports allege improper conduct in investigations involving Banco Master and the social security system. Moraes has argued that Mendonça improperly directed and interfered with those investigations. Moraes made the request after Mendonça disclosed alleged messages between Moraes and former banker Daniel Vorcaro, who controlled Banco Master. In his defense, Mendonça said Moraes violated due process by requesting the Federal Police intelligence reports and using them to draw conclusions that accused him of offenses, including abuse of authority and administrative misconduct. Mendonça said the reports contained “evident technical flaws” and were “manifestly unlawful,” arguing that the documents had no evidentiary value. “What is actually evident is unlawful activity by the Federal Police and a clear false accusation and abuse of authority in an attempt to intimidate and obstruct justice,” the justice wrote. Mendonça also asked the court to declare the Federal Police intelligence reports used to support the accusations unlawful and to prohibit the production of similar reports. He also requested full access to the so-called fake-news inquiry, which Moraes had overseen until Fachin removed him from the case after the Federal Police intelligence reports were made public. Despite his harsh accusations against Moraes, Mendonça said in the filing that he would seek to maintain “respect and decorum.” “In an effort to preserve the respect, decorum and adherence to the institutional standards inherent to this Supreme Court, as a foundational institution of the Republic and century-old guardian of Brazil’s constitutional order, inappropriate expressions, argumentative fallacies and vague attacks unsupported by concrete evidence will be avoided,” Mendonça wrote. Court remains divided over how cases should proceed Mendonça’s filing with Fachin marks the latest development in a crisis at the Supreme Court, which began when Mendonça, overseeing the Banco Master case, instructed the Federal Police to prepare a report revealing purported communications between Vorcaro and Moraes. The former banker’s phone also contained references to other justices, including Mendonça himself, that did not lead to further investigative steps. The court originally scheduled a hearing on the request to investigate Mendonça for Wednesday, Sept. 23. However, last week, Fachin postponed the plenary discussion without assigning a new date. The delay followed a request by Justice Flávio Dino for more time to review the matter during the court’s Sept. 15 session on the case involving Moraes. The justices did not resolve the core issue of the dispute—the content of messages supposedly sent by Vorcaro—and also did not finish considering a procedural question about whether the Moraes case should be handled separately or alongside the request to investigate Mendonça.