Fachin may dismiss Moraes's complaint against Mendonça at the STF due to procedural flaws
Edson Fachin analyzes the dismissal of accusations against André Mendonça. Defense points out Moraes's flaws and the use of illegal Federal Police reports.
TL;DR
- Supreme Court President Edson Fachin is reviewing whether to dismiss accusations filed by Minister Alexandre de Moraes against Minister André Mendonça.
- Mendonça's defense argues there are significant procedural errors, such as the use of unsigned intelligence reports and improper inclusion in the fake news inquiry.
- Moraes alleges Mendonça abused authority and committed administrative impropriety and criminal responsibility related to processes involving Banco Master and INSS, citing political motivation.
- The defense claims Moraes committed serious deviations by attempting to include Mendonça in the fake news inquiry without proper authorization from the Court's plenary.
- Fachin has the power to unilaterally dismiss cases that are manifestly inadmissible or lack minimum evidence, according to internal rules.
- Consultation with the Prosecutor General's Office may be sought for a legally secure dismissal.
- The defense argues Moraes is suspicious in the case, potentially using the accusation as a defense against information Mendonça provided about his ties to Banco Master.