STF President Fachin Denies Joint Trial for Moraes and Mendonça Cases, Setting Separate Sessions

The Supreme Federal Court (STF) President Edson Fachin has rejected a request to hold a joint trial for Justices Alexandre de Moraes and André Mendonça. Instead, Fachin ruled that the cases should be judged separately, scheduling Mendonça's case for September 23, while Moraes’s case will be discussed in the upcoming September 15 session.

Fachin argued that the legal and investigative contours of each case are distinct, justifying independent analysis. Moraes had sought a joint trial to avoid contradictory decisions and procedural disorder, as only the agenda examining the case concerning messages from former banker Daniel Vorcaro to Moraes had been called for the session on September 15. Fachin noted that Moraes’s preliminary investigation would be concluded by this date, whereas the deadlines for Mendonça’s case extend to September 21, allowing for clearer delimitation of topics.

The September 15 session will focus on a Federal Police report revealing messages sent by Vorcaro to a phone number allegedly belonging to Moraes, a revelation that has ignited an unprecedented crisis in the Court. Following the report’s disclosure, Moraes initiated an investigation into Mendonça for alleged abuse of authority based on a controversial, non-probative report alleging interference.

Additionally, Fachin granted Moraes's request to lift all confidentiality related to the Master case, which had already been addressed by another STF minister, fully removing secrecy around the investigations. Fachin also indicated that a request to summon all magistrates cited in the Master case would be evaluated later.

There is speculation within the Court that the September 15 session could be postponed due to requests for more time to analyze the complex cases, potentially delaying proceedings by approximately 90 days to early December.

Separately, the defense of Senator Flávio Bolsonaro sought to redirect an investigation involving funding for the biographical film 'Dark Horse' from Minister Flávio Dino to Mendonça, citing conflicts of interest and procedural manipulation. This investigation probes whether the film was financed by Daniel Vorcaro amid wider financial controversies surrounding Banco Master. Dino was appointed by President Lula, Mendonça by former President Jair Bolsonaro, highlighting political divisions within the Court’s jurisdictional assignments.

This procedural decision by Fachin underscores the STF’s effort to maintain judicial clarity amid politically sensitive and overlapping investigations involving top court justices.