The expectation is that the Supreme Court session will resume soon.
In the morning, it started around 10:30 am, and was scheduled to start at 10 am.
The return of the Supreme Court session was postponed until 3 pm.
Before leaving for the break, Fachin had informed that he would return at 2pm.
The plenary session was suspended and will resume at 2 pm.
Upon his return, Fachin stated that the plenary will discuss the point of order presented by Gilmar Mendes: suspend the trial and resume the analysis next Tuesday (23).
The proposal is to combine Moraes' case with that of André Mendonça, redistribute the report and determine a deadline for the PGR to respond.
Fachin stated that the STF will take a break and that, upon return, they will discuss the point of order presented by Gilmar and Dino: suspend the trial, draw the rapporteur and insert the analysis of the matter in the trial scheduled for next Tuesday (23).
"The Court's deliberation on a matter of such gravity cannot take place under the terms dictated by someone who has disregarded any sense of collegiality, much less in the middle of the electoral cycle", Gilmar further stated.
"The interest is evident", continued the minister. "Obviously, this is a pixuleco, an electoral puppet. That's what we're talking about, otherwise the result, whatever it may be, will be marked by the suspicion of having served someone."
Gilmar continued: "Who is the general leaker of the Republic? Is it the Federal Police? It's interesting that in our offices, Minister Fux, nothing is leaked."
Fachin clarified that all possible leaks are being investigated by the Court.
"Your Excellency is being frivolous, minister", interrupted Mendonça when Gilmar said that there was a "political-electoral" bias in Mendonça's conduct.
Gilmar responded and went the extra mile: "Your Excellency doesn't have the floor. You will listen calmly. The choice of September 7th is obvious political-electoral conduct. That's not done, decent people don't do that."
"Don't point the finger at me, Minister Gilmar. You're not talking to just anyone," replied Mendonça.
Gilmar Mendes continued his speech. "The question is not whether this or that minister should be investigated. The question is whether we will continue to allow the rigor of criminal prosecution to be distributed according to the identity of the investigator."
"Even the stones know that there is an unequivocal electoral political bias in the way the issue was handled in the case."
Ministers Alexandre de Moraes and André Mendonça clashed during the session, while Fux spoke about the actions of the Federal Police.
"Who is afraid of the Federal Police? Who called the Federal Police and demanded that they put a colleague in the award-winning collaboration?", asked Moraes. "I have witnesses that Minister André [Mendonça] said, in a meeting, ask..."
“It’s a lie,” repeated Mendonça, interrupting Moraes.
"He said 'include Minister Alexandre'. Why? Because he is at the service of a political group that wanted to carry out a coup in this country", continued Moraes.
"Today we have a parallel PF with monitoring of ministers", stated Luiz Fux.
"There must be judicial responsibility. It cannot be accepted that a body remains acting against the Federal Supreme Court. Respecting a minister of the STF", said the minister.
Luiz Fux asked to make an aside. "The Second Panel noticed a series of deviations from purpose in the actions of the director general of the Federal Police," he stated.
"It was never imagined that the police would grab the Supreme Federal Minister's chest. And that was what was happening, without prejudice to their instrumentalizing positions"
The word returned to Gilmar Mendes. "Because in fact, subjecting an institution that already has all the problems it has to this type of embarrassment is a lack of understanding, a gravity that I have never seen."
Dino talks about the point of order that Gilmar presented. "The proposed point of order that the minister will address is not that we suspend the trial. It is that we comply with the rules."
He says that there was no redistribution of the case after André Mendonça. "The rules say that it has to be distributed [to the president]. There is no self-appointment of rapporteur," he stated.
Flávio Dino asked to speak again. "This is not a place for those who seek applause, seek popularity. This is not a place to write a biography, it is a place to do justice."
"If we accept the nomination, president, we will be opening an avenue of authoritarianism, despotism, tyranny in the courts that no one will control."
Gilmar presented a point of order and asked for the discussion of a document sent by Flávio Dino before starting the trial of Moraes' case.
He then made an argument about the adversarial model needing a completely impartial judge.
Flávio Dino interrupts Toffoli's speech and asks to speak. Fachin interrupts and says that the request must be made to the president of the Court. The two argue about the regiment.
