Amid the crisis caused by the conduct of investigations into the Banco Master case at the Federal Supreme Court (STF), the President of the Court, Minister Edson Fachin, sent a series of messages in a note released on Thursday night.
In the text, Fachin defends the court’s actions, supports Minister Dias Toffoli and refutes criticisms that have been made by investigators, sectors of the political class and part of public opinion, while reinforcing some points such as the legitimacy of the Federal Police, the role of the Public Ministry and the autonomy of the Central Bank.
1. Technical autonomy of the Central Bank
When dealing with the impacts on the financial system, Fachin states that “the Constitution of the Republic assigns to the Central Bank of Brazil the legal duty to ensure the stability of the financial system” and that such powers “must be exercised with full autonomy and without undue interference”.
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2. Legitimization of the Federal Police’s actions
Fachin reinforces that “the actions of the Federal Police are equally indispensable”, especially in the investigation of crimes such as “reckless management, financial fraud, manipulation of information, money laundering”.
3. Reaffirmation of the role of the PGR
By mentioning that the Attorney General’s Office is responsible for “promoting criminal prosecution and controlling the legality of investigations”, Fachin reinforces the constitutional role of the Public Ministry.
4. Toffoli Defense
In the most sensitive section of the note, Fachin states that the STF acts in “regular judicial supervision, as has been done within the scope of this Supreme Court by the reporting minister, Dias Toffoli”.
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5. Explanation of recess decisions
Fachin notes that the Full Court is in recess and that, during this period, “urgent matters are considered by the Presidency or the Rapporteur, in accordance with the rules”.
The minister also highlights that Alexandre de Moraes regularly holds the Presidency and that the decisions taken will be submitted to the collegiate, reinforcing that “collegiality is a method”.
6. Response to requests for nullity and suspicion
When dealing with criticisms of the conduct of the process, Fachin states that “any alleged defects or irregularities will be examined in accordance with the rules and procedures”. He then adds: “The Presidency does not anticipate judgments, but neither does it shy away from making them.”
7. Reaction to political and media pressure
Fachin states that “the Federal Supreme Court does not bow to threats or intimidation”. According to him, anyone who tries to “demoralize the STF to erode its authority” is attacking “the very heart of constitutional democracy”.
