Investigators and defenses criticize the lack of definition regarding measures that depend on the approval of the Supreme Court. Mendonça continues as rapporteur, but cases are linked to Fachin.
By Fábio Amato, Márcio Falcão, Luiz Felipe Barbiéri, TV Globo — Brasília
The suspension of the Master case by the presidency of the STF completed 1 month. The measure blocks requests from the Federal Police for investigations and analyzes of the release of prisoners.
On September 12, the president of the STF, Luiz Edson Fachin, ordered minister André Mendonça to send the case files to the Presidency.
On September 25, Fachin asked the PGR to comment on pending issues. The demonstration involves revoking arrests and secrecy.
Last Wednesday (7), Daniel Vorcaro's defense reinforced the request for freedom. Mendonça's office informed that it awaits the return of the files by the Presidency.
Investigators and lawyers point out that the suspension of the Master case by the presidency of the Federal Supreme Court (STF) is holding back requests from the Federal Police to advance the investigations, in addition to the analysis of whether or not to maintain the arrest of those being investigated.
On September 12, the President of the Supreme Court, Luiz Edson Fachin, ordered Minister André Mendonça to send to the Presidency all processes related to the Master's investigations, which investigate alleged financial fraud, as well as corruption, money laundering, coercion, leakage of confidential data and the involvement of authorities with banker Daniel Vorcaro.
The measure was taken amid the institutional crisis installed in the Supreme Court after Mendonça ordered the PF to prepare a report on Daniel Vorcaro's connections with Alexandre de Moraes.
Accusations were also raised by Moraes' allies that the Master's rapporteur was directing the investigations, which Mendonça denies.
New investigation requests await approval
From September 12th until now, investigators interviewed by g1 state that the Federal Police maintained the rhythm of the investigation lines within its responsibilities, taking measures that were pending and analyzing materials.
But police officers recognize that there are representations, such as new requests that depend on the approval of the Court, stuck in the Supreme Court. The content of this material, however, is kept in reserve so as not to harm the progress of the investigations.
Mendonça's interlocutors also claim that, since the processes were sent to the Presidency, no new measures have been taken.
The uncertainty about new developments occurs because Fachin, in practice, paralyzed the cases, but kept Mendonça on the rapporteur. There was an expectation that Fachin would release urgent requests to the rapporteur's office, but this has not happened.
On September 25, the President of the Supreme Court requested that the Attorney General's Office comment on pending issues, such as revocations of arrests and secrecy of communications. Another point in question is whether it is up to Fachin or Mendonça to decide on these demands.
At the STF, there is an expectation that after the elections investigations will resume their normal flow.
Daniel Vorcaro's defense said that he even requested a hearing with Fachin, but was informed by email that urgent measures should be sent to Mendonça.
Last Wednesday (7), they were in the Master's rapporteur's office reinforcing the request for freedom and were informed that the processes were before the Presidency.
Mendonça's office, according to the defense, had passed on that "more than two weeks ago, a letter had been sent, apparently still unanswered, requesting the return of the files for consideration of urgent requests pending analysis". The lawyers defended the release of the request for analysis by Mendonça.
Among the pending requests are:
Henrique Vorcaro: asked to suspend the sending of the Master case to the Presidency of the STF, in order to allow the analysis of his release request;
Fabiano Zettel: asked for a review of preventive detention;
Felipe Vorcaro: asked to withdraw the suspension of the case at the Presidency, allowing Minister André Mendonça to analyze his request to revoke the arrest;
Daniel Lopes Monteiro: asked for the arrest to be revoked;
André Mendonça: presented a statement on the report used by Minister Alexandre de Moraes in relation to him;
OAB: requested a guarantee of the confidentiality of communications related to the actions of lawyers that may be covered by the material collected as part of the investigation.
Minister Edson Fachin — Photo: Alejandro Zambrana/STF
