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BackAlexandre de Moraes uses an internal PF document with no evidentiary value to request an investigation against André Mendonça
Alexandre de Moraes uses an internal PF document with no evidentiary value to request an investigation against André Mendonça
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Folha Poder1 hour agoPolitics2 min readBrazilView original

Alexandre de Moraes uses an internal PF document with no evidentiary value to request an investigation against André Mendonça

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Minister Alexandre de Moraes requested an investigation against his colleague André Mendonça using an internal report from the Federal Police that the document itself classifies as having no probative value and of low reliability.

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Why It Matters

The document used by Moraes is an internal PF report that analyzes political scenarios and which explicitly states that it does not have probative value to guide formal procedures.

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Minister Alexandre de Moraes used an internal document that the Federal Police itself classifies as "without probative value" to ask that his STF (Supreme Federal Court) colleague André Mendonça be investigated for abuse of authority, administrative improbity and criminal liability.

The report is not signed by any delegate and makes a "scenario analysis" on suspicions of "possible progress on the competence of the plenary and on the prerogative of a member of the Public Ministry".

In a certain section, the text itself says that the information present in it is not suitable "to guide a procedure of any nature, to support a representation, to support a defense or to be cited as a source in an external document".

The PF analyzes information that is often treated as having a "low" or "moderate" level of confidence, but which Moraes uses without making this discrimination in his decision. One of these cases is that Mendonça was directing investigations against Davi Alcolumbre (União Brasil-AP), president of the Senate.

"It is assessed that Davi Alcolumbre constitutes a likely strategic target, considering his political strength, favoritism to remain president of the Federal Senate and the consequent control of the agenda of that House, notably regarding the processing of requests for impeachment of ministers of the Federal Supreme Court", says the report.

The apocryphal report hypothesizes that "these movements are part of the rapporteur's broader strategy, with the intention of expanding his power in the Federal Supreme Court, in order to increase the chances of making the world views of the political group of which he is part prosper."

"Degree of confidence: LOW. Fully inferential judgment, about mental state and strategic intention, constructed from mostly reported indicators. Low confidence does not mean discarded: it means that the hypothesis remains open and under observation, and that any external use would be premature."

The document also makes an anonymous quote to state that Mendonça said he did not trust the performance of the director general of the PF, Andrei Rodrigues, and the attorney general of the Republic, Paulo Gonet.

Moraes used the document to support the order signed as part of the fake news inquiry and sent to the president of the STF, Edson Fachin, for action.

Moraes claims that Mendonça acted to direct the investigations, "with a breach of judicial impartiality and favoring certain political groups".

Open Questions

  • How will the STF react to the investigation request?
  • Will there be a formal challenge to the validity of the PF document?

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This article was originally published by Folha Poder.

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