TSE management and Master case expand Kassio and Mendonça's alignment
The alignment of ministers André Mendonça and Kassio Nunes Marques, which has fluctuated since they were nominated by former president Jair Bolsonaro (PL) to the STF (Supreme Federal Court), has expanded in recent months.
On the one hand, Mendonça has supported Kassio's management at the head of the TSE (Superior Electoral Court) and both usually vote in convergence in the main judgments. On the other hand, Kassio cast decisive votes to guarantee important victories for Mendonça as rapporteur of the investigations into fraud at Banco Master.
The behind-the-scenes assessment of the Supreme Court is that the two should maintain convergent positions, at least until the end of the elections. Afterwards, however, there are doubts about Kassio's position in relation to the Master case.
The magistrate has been pressured by the wing of the court that defends a brake on tidying up the conduct of the process. The minister's vote could be decisive in trials and eventually impose setbacks on Mendonça and the Master case.
The Second Panel, where the Master's processes are analyzed, is made up of five ministers. Dias Toffoli, however, declared himself a suspect and has not participated in the trials.
Luiz Fux has automatically aligned himself with Mendonça. Gilmar Mendes, in turn, even when he followed the vote of the Master's rapporteur, made a point of reinforcing his reservations and concerns with the conduct of the process.
Recently, the minister signaled that he could become a counterpoint to the rapporteur's positions in the collegiate. If Kassio supports the dean in any disagreements, with only four ministers participating in the trials, the chances of defeat for Mendonça increase - ties in criminal matters benefit those being investigated.
In the trial in which Gilmar voted to overturn the preventive detention of Henrique and Felipe Vorcaro, for example, Kassio followed Mendonça's understanding. One of the arguments presented by Kassio, however, was that Mendonça, as a rapporteur, had more information about the case, which was interpreted by people close to Kassio as signaling a vote of confidence in his colleague - and not an argument of alignment from a legal point of view.
The expectation, according to sources, takes into account the history of Kassio, who is a former lawyer and seen as more open to arguments presented by the defenses.
The court's bet, however, is that it should not help overturn Mendonça's decisions and weaken him in reporting on the Master case, at least until the end of this year's elections. This is because both are united to strengthen the TSE and prevent the STF from becoming a frequent appeals body for the electoral court.
Historically, the TSE has the final say in legal impasses during elections. A wing of the STF, however, has stated behind the scenes that it could impose defeats on the electoral court if the body does not act effectively against fake news and criticism of electronic voting machines.
Gilmar, for example, stated in an interview that the Supreme Court could overturn Kassio's decision that suspended the publication of Atlas/Intel research. Furthermore, Moraes opened an investigation into accusations made by pre-candidate Flávio Bolsonaro (PL) against President Luiz Inácio Lula da Silva (PT) and Gilmar requested an investigation against pre-candidate Romeu Zema (Novo), situations that could have been resolved in the electoral sphere.
See convergent and divergent votes from ministers
They voted in opposite ways
Judgment on Bolsonaro's request for Moraes to be declared a suspect:
- Kassio against
- Mendonça in favor
Bolsonaro's criminal complaint against Janones, June 2024:
- Kassio in favor
- Mendonça against
Conviction of Roberto Jefferson:
- Kassio in favor
- Mendonça against, says the STF has no jurisdiction
Annulment of Palocci's conviction
- Kassio in favor
- Mendonça against
They voted in line
Master Case
- Kassio endorsed all of Mendonça's decisions
TSE
- Aligned against Castro's ineligibility and for the overthrow of content that links Lula to factions and Flávio to militias
Elections in RJ
- Both in favor of indirect dispute
Revocation of Collor's arrest, April 2025
- Mendonça in favor
- Kassio in favor
Complaint of January 8, April 2023
- Both isolated to acquit 50 defendants and due to the STF's incompetence to analyze the case.
Source: CNN