Justice Edson Fachin of Brazil's Supreme Court has assumed the lead in the Fake News Inquiry, a significant investigation that was previously under the purview of Justice Alexandre de Moraes. This inquiry, initiated in 2019, aims to investigate fraudulent news, false criminal reports, slanderous accusations, and threats directed at the STF, its justices, and their families. While Fachin will now oversee the inquiry, he has stipulated that any criminal proceedings stemming from the investigation will continue to be handled by Moraes. All prior actions and decisions made during Moraes's leadership of the inquiry remain valid.
This leadership change follows a series of recent controversies. On September 1, André Mendonça declassified a report by the Federal Police, based on data from the cell phone of former banker Daniel Vorcaro, founder of Banco Master. Subsequently, on September 3, Moraes requested an investigation into Mendonça, alleging administrative impropriety, abuse of authority, responsibility crimes, and political favoritism related to the Master and INSS cases. Moraes claimed that at least six intelligence reports, some containing information about Mendonça and Jorge Messias, were produced and sent to him between August 3 and August 31.
On September 4, Fachin removed Moraes's request to investigate Mendonça from the Fake News Inquiry, transferring it to the STF Presidency and giving five days for the Attorney General's Office and Mendonça to respond. Fachin also ordered a halt to the creation and sharing of intelligence reports designed to scrutinize judges, public lawyers, and police officials. Mendonça, advocating for the preservation of evidence and investigations, sought the Second Chamber of the STF to review the decision, which initially maintained the removals with a majority vote before being paused by a request for review from Justice Gilmar Mendes.
Separately, the crisis involving the Brazilian court intensified with a decision by Justice André Mendonça on September 8 to suspend federal police chief Andrei Rodrigues, accusing the police of illegal surveillance. However, on September 9, Justice Flávio Dino overturned Mendonça's decision and ordered Rodrigues's immediate reinstatement, arguing that the removal would negatively impact ongoing operations. This back-and-forth highlights the deep divisions and challenges to the credibility of the Supreme Court.
