Analysis: Master Case and the clash of forces in the STF

The Second Panel of the STF (Supreme Federal Court) maintained, by four votes to one, the preventive arrests of Henrique and Felipe Vorcaro - respectively father and cousin of Daniel Vorcaro, former Master banker. The only vote against was from the Dean of the Court Gilmar Mendes, who defended the replacement of preventive detention with house arrest with precautionary measures.

The trial was marked by an atmosphere of tension and an intense exchange of barbs between minister Gilmar Mendes and the case's rapporteur, André Mendonça. Throughout the session, Gilmar Mendes argued that prisons could serve as an instrument of pressure to obtain plea bargain agreements, criticized alleged leaks and warned that "judge cannot act as a delegate".

The Dean of the Court also compared the operation against Banco Master to Operation Lava Jato, which, according to him, had committed excesses.

Clash between Gilmar Mendes and André Mendonça
Minister André Mendonça countered the criticism and refused the label imposed by Gilmar Mendes. "We are all on the same side when it comes to combating organized crime. Now, there need to be constitutional methods of doing this", said Gilmar Mendes during the trial.

In response, Mendonça was emphatic: "They are happening, Minister Gilmar, you can be sure." The rapporteur also declared that he would not admit "attempts to unduly discredit" his role as rapporteur or that of the investigators.

Throughout the vote, Mendonça described the actions of Henrique and Felipe Vorcaro as that of "an active criminal organization, even after the investigations had progressed".

André Mendonça revealed, without naming names, that he had refused a lawyer's proposal to carry out a selective plea bargain. "They lost their modesty, Minister Gilmar. 'We want to make a selective plea bargain', they said that to my face. I said: I don't care about whistleblowing. Not selective plea bargaining with me", declared the rapporteur.

New elements revealed in the trial
The reporting minister removed the confidentiality of the PF (Federal Police) report regarding the arrests of Daniel Vorcaro's father and cousin, making new elements of the investigation public. According to the PF, Daniel Vorcaro would have made monthly transfers of at least R$300,000 to senator Ciro Nogueira (PP-PI), totaling R$6 million in 20 months.

Expenses would cover luxury trips, meals and gifts in cities like Paris and New York. The former banker would also have worked on drafting bills through the senator's office.

The report also revealed that, in June 2024, Daniel Vorcaro had purchased suites in an exclusive hotel in Lisbon for Ciro Nogueira (PP-PI) and the president of the Chamber of Deputies, Hugo Motta (Republicanos-PB).

Motta stated that he was at a corporate event and that he is calm regarding the investigations. Ciro Nogueira's defense had not spoken out at the time of reporting.

Division of forces in the STF
For Flávia Maia, Judiciary analyst at JOTA, a "measuring of forces and understandings" between Gilmar Mendes and André Mendonça was evident. "You see minister André Mendonça positioning himself very clearly there, in a head-on clash with minister Gilmar Mendes", he stated.

She highlighted that Mendonça rejected the framing of the operation as a new Lava Jato and that the trial revealed how he is conducting the investigation.

CNN anchor Thais Herédia pointed out that the comparison with Lava Jato made by Gilmar Mendes borders on "intellectual dishonesty from the point of view of the premise of the two cases", given the distinct nature between the two episodes.

Herédia highlighted that the Banco Master case would have as its central characteristic the aggressive and rapid action of a single figure - Daniel Vorcaro - who, in five or six years, would have managed to establish direct relationships with Supreme Court ministers, Congress leaders and other prominent figures.

The JOTA Judiciary analyst also highlighted that the Master case will remain in the Second Panel of the STF, where Gilmar Mendes tends to be isolated, since Dias Toffoli, from the STF, is not participating in the trials related to the case.

"In the Second Panel, I believe that Gilmar's truth will not prevail", concluded the analyst. During the debate, a Genial/Quaest survey was also mentioned that would indicate a drop in public perception about the Supreme Court's relationship with Daniel Vorcaro in recent months.

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Source: CNN