The head of Brazil’s Supreme Federal Tribunal (STF), Justice Edson Fachin, on Wednesday removed Justice Alexandre de Moraes from the widely controversial inquiry against “fake news” amid an ongoing crisis at the nation’s Supreme Court.
The decision strips Justice de Moraes from an inquiry he used over the past years to enact a fierce persecution and censorship campaign against Brazilian conservative voices — with former President Jair Bolsonaro being the most prominent target of de Moraes, the inquiry’s now-former rapporteur.
Over the past weeks the Brazilian top court has found itself amidst a “Civil War” between Justices de Moraes and André Mendonça that has plunged the judiciary and its members into an ongoing crisis.
The situation began in early September when Justice Mendonça unsealed a police report containing an analysis of alleged WhatsApp messages involving Justice de Moraes and Daniel Vorcaro, who is a Brazilian banker currently under police custody on corruption accusations stemming from the “Banco Master” financial fraud case involving the eponymous São Paulo-based bank. Justice Mendonça is one of the STF Justices overseeing the fraud case.
Days after the report was unsealed, Justice de Moraes accused fellow Justice Mendonça of having committed “abuse of authority” throughout his supervision of the Banco Master case.
Justice de Moraes formally requested before STF chief Justice Fachin that the inquiry against “fake news” was used to investigate the allegations he presented against Justice Mendonça. Fachin declined de Moraes’ request and instead directly forwarded the complaint against Mendonça to his desk.
On Wednesday, Fachin announced that de Moraes has been removed from the “fake news” inquiry but upheld all rulings and decisions made by de Moraes under its framework. Fachin also called upon an upcoming plenary session of the Brazilian Supreme Court to discuss the ongoing judiciary crisis.
The Brazilian state-owned news agency Agência Brasil recounted that the controversial inquiry was originally launched by the Brazilian Supreme Court in 2019 with the alleged goal of fighting what was described as the “dissemination of news that undermined the integrity and security” of the STF, its Justices, and relatives.
At the time, Justice de Moraes was appointed as the inquiry’s rapporteur by then-STF chief Justice José Antonio Dias Toffoli, a still-active member of the Brazilian top court who found himself at the center of an unrelated controversy earlier this month after he banned and rapidly unbanned the presidential campaign of outsider right-wing candidate Renan Santos.