Fachin indicates decision on fake news inquiry and postpones Fux's access
The fake news inquiry should be closed after reviewing 104 procedures, according to the intention expressed by Edson Fachin this Friday (9).
TL;DR
- Edson Fachin intends to close the fake news inquiry after reviewing 104 procedures.
- Minister Luiz Fux's request for access to files remains postponed due to pending issues.
- Previous decisions by Alexandre de Moraes and ongoing criminal proceedings will be preserved.
- The inquiry's procedures will be reviewed by the Federal Police and the Attorney General's Office before archiving.
- The investigation was opened in 2019 by Dias Toffoli and previously led to Daniel Silveira's arrest.
The fake news inquiry should be closed after reviewing 104 procedures, according to the intention expressed by Edson Fachin this Friday (9). As long as there are pending issues, the president of the Supreme Federal Court will keep the full access to the files requested by Minister Luiz Fux postponed.
The future of the investigation was addressed in a response to Fux, who also requested consultation of processes related to the coup plot and digital militias. For these other cases, Fachin stated that public documents are already available. The information is from Folha de S.Paulo.
The review conducted by the Presidency covers petitions and preliminary investigations accumulated since 2019. The work includes examining recently organized and digitized material, separating what allows for a decision and identifying situations that require new measures.
The archiving has not yet been determined. Before the outcome, the procedures will go through the Federal Police and the Attorney General's Office. Paulo Gonet may present charges or request dismissals, subject to Fachin's decision.
Even with the intended closure, Alexandre de Moraes's previous decisions will be preserved. Also, criminal proceedings in which the Supreme Court has already accepted charges will remain unchanged. Fachin linked the full release of the files to the fulfillment of the remaining procedural steps.
Since September, the investigation has been directly under his command. The president of the STF removed Moraes's rapporteurship amid questioning of ministers caused by the Banco Master crisis.
Over seven years, the inquiry has gone through different management of the Prosecutor's Office. Raquel Dodge repeatedly argued for its dismissal. Augusto Aras also maintained the same position, but later recognized the constitutionality of the investigation, with reservations.
The investigation was opened in 2019 by Dias Toffoli, then president of the Supreme Court. In February 2021, it led to the arrest of then-deputy Daniel Silveira.
According to Fachin, information about the procedures will be released as decisions are made, within the legal limits of secrecy.