Fachin then recalled that he did not take on the report. He explained that the case was forwarded to the Presidency of the court by the then rapporteur, André Mendonça, and that he took the case to the plenary as he considered the collegiate to be the natural judge of this process, so that the plenary could decide whether André Mendonça's initiatives during the processing were correct and whether or not to open an investigation into Vorcaro's messages to Moraes.
"There is no decision on my part to invoke the files. The files were forwarded, and I read in the report, Your Excellency heard, by the minister rapporteur to the Presidency. And why did you understand? And I could be wrong, because the natural judge to judge this matter is the plenary. At no time did I remove any rapporteur. Your Excellency starts from the premise that I invoked the rapporteurs in the Master and INSS cases. That is not true. This did not happen, although Minister Gilmar had asked me to do it,” said Edson Fachin, president of the Supreme Court.
"Case placed for judgment at 10am. I requested a review at 10:01am. Unless I was mistaken, at 10:04am, Minister Kassio had already voted. The plea was 22 pages long. At 10:06am, Minister Fux had already voted. No problem. With the experience of an old magistrate, of so many years, I knew that something was going to happen, that this could not happen. Especially because any citizen who has the slightest notion of what the Federal Police means - that It's an armed body, subject to the hierarchy - it wouldn't do to remove a general director of the police. It's like removing the director, the president of NASA or removing the army commander.
Minister Luiz Fux, president of the Second Panel, reacted. He said that he, Mendonça and Nunes Marques voted to remove him in the face of serious evidence that the Federal Police produced apocryphal reports against Mendonça and stated that he never saw the PF confront a Supreme Court minister. It was there that André Mendonça spoke for the first time at the trial. He does not appear in the images on TV Justiça, but said that a parallel police force was created.
"I've been a minister for 16 years. I've never seen the Federal Police attack a minister of the Federal Supreme Court. We understood that it represented an anomaly and would contaminate all judgments in relation to serious facts reported and, even more so, create its own agency there that will dedicate itself to apprehension against a minister of the Federal Supreme Court. No one can allow a body to remain working against the Federal Supreme Court, attacking the minister of the Federal Supreme Court. That's what happened, Minister Gilmar. It was this concern that we had institutionally, institutional”, stated Supreme Minister Luiz Fux.
Soon after, minister Alexandre de Moraes responded directly to Mendonça and, for the first time, there was a confrontation between them. Moraes once again asked for the trial on his relationship with Vorcaro to take place in the same session that will analyze André Mendonça's conduct, he accused Mendonça of using the Federal Police against him, of being at the service of the group that promoted the attempted coup d'état and of asking the PF to place him, Alexandre de Moraes, in a plea bargain.
Alexandre de Moraes: There is no way to judge today without judging Tuesday. Because I ask: who is afraid of the Federal Police? I'm not asking Your Excellency. Who's afraid of the Federal Police? Who called the Federal Police and demanded that the Federal Police put a colleague in the award-winning collaboration? And we're going to bring it here, president, we're going to bring it here and call witnesses that I'll appoint. Not just police officers. Lawyers. Witnesses. I have witnesses... That Minister André, in a meeting, said...
André Mendonça: That's a lie!
Alexandre de Moraes: Ask...
André Mendonça: Lie!
Alexandre de Moraes: So are we going to call witnesses? Shall we call?
André Mendonça: Lie! You can call whoever you want. They will lie.
Alexandre de Moraes: There is no way to judge today without judging Tuesday. Called! Include Minister Alexandre... Why? Because he is at the service of a political group that wanted to carry out a coup in this country.
André Mendonça: Ah, Mr. President. I won't answer. In my moment of speaking...
Alexandre de Moraes: And more. There are no apocryphal documents. Everyone knows what an intelligence report is. The intelligence reports were on record. Just get the record, whoever did it, and let's call it here at the Federal Supreme Court. In addition to lawyers who have already made themselves available. So, I repeat, president, everything that has been done, this fraudulent investigation against me has already started way back when. You can't judge one thing without another.
Gilmar Mendes: It is evident, it is evident and even the stones know that there is an unequivocal political-electoral bias in the way the issue was handled in the files of this PET 16,652. In all sincerity. Choice of date, September 7th, this whole scenario, involving this Court in an electoral campaign.
André Mendonça: Your Excellency is being frivolous, Minister Gilmar. Frivolous, frivolous, frivolous.
Gilmar Mendes: Your Excellency does not have the floor.
Edson Fachin: Let's wait. I will give the floor to Your Excellency.
Gilmar Mendes: Your Excellency does not have the floor and will listen calmly. Evident political-electoral conduct. And choose September 7th, even pixulecos. That doesn't happen. Decent people don't do that.
André Mendonça: Don't point the finger at me, Minister Gilmar, don't point the finger, you're not talking to just anyone. Respect this court.
Gilmar Mendes: Whoever doesn't give themselves respect, doesn't deserve respect.
