Tense atmosphere at the STF: ministers discuss suspension of trial and exchange accusations

The plenary session was suspended and will resume at 2pm.

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 the case of Moraes with that of André Mendonça, redistribute the reporting of these cases 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).

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.

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.

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.