Flávio Dino questions the possibility of the judge promising to end the investigation, two days after Fachin's defense

Two days after the president of the STF (Supreme Federal Court), Edson Fachin, defended the need to close the fake news investigation, minister Flávio Dino questioned this Sunday (6) the possibility of a judge promising an end to this type of investigation.

Dino made the statement in a post on social media, without mentioning by name the investigation opened in 2019 or the president of the court. In the text, he cites criticisms of the longevity of investigations at the Supreme Court.

"Is it possible for a judge, whoever he is, to 'promise' the end of an investigation, as if he were a candidate or to receive applause?", asked the minister, in the publication.

"I am personally in favor of concluding the investigations, especially because they were meant to end, through the filing of criminal actions or appropriate filings," said Dino.

"In any case, we have an interesting doctrinal debate: before the statute of limitations, should an investigation be closed due to a long process? And who decides what a 'long process' is? Personal opinions? Or legal and regulatory criteria?", he added.

According to him, in the debate over the Judiciary, "real and serious problems are being mixed with electoral and economic interests, foreign objectives and even personal hatred."

The minister also questioned in the publication the criticisms of individual decisions in the STF — which he called essential in our legal system and said that without them the slowness will increase — and the judgment of criminal cases by the court — "if you take it from there, you have to put it somewhere".

On Friday (4), Fachin said that the end of the fake news investigation and the approval of his proposed code of ethics are a solution to the Supreme Court crisis.

The public position was made in light of the unprecedented dispute experienced by the court with requests for criminal investigations between ministers Alexandre de Moraes and André Mendonça.

"There will be no precipitation, but neither will there be omission. The institutional response will be firm, proportional and rigorous. Recent events demonstrate the correctness and urgency of three goals of our management: the adoption of a code of ethics, the end of the fake news investigation and the modernization of the Justice system", said Fachin in his speech.

The fake news inquiry was opened under Dias Toffoli's administration, seven years ago, when he appointed Moraes, without a draw, to report on the investigation into attacks and threats to the STF. The investigation has accumulated controversies since then — due to orders considered abusive, due to its format, scope and its prolongation over time.

It was within the fake news investigation that Moraes made the request for an investigation against Mendonça and demanded an internal document that the Federal Police itself classifies as "without probative value" to request an investigation against his court colleague for abuse of authority, administrative improbity and criminal liability.

Fachin withdrew Moraes' request from the investigation. In doing so, he stated that the measure was taken due to the need to verify the regularity and evaluate the accusations of Moraes' act.

Mendonça is the rapporteur of cases dealing with suspicions related to Banco Master and fraud involving INSS benefits.