The president of the Federal Supreme Court (STF), Edson Fachin, defended this Thursday the Court’s conduct in the case involving Banco Master. Faced with requests for the suspicion of Minister Dias Toffoli, rapporteur of the process, and questions about decisions taken in the investigation, Fachin stated that “any alleged defects or irregularities will be examined in accordance with the rules and procedures”.
When citing Toffoli by name, Fachin cited the “regular judicial supervision” that has been carried out by the rapporteur, refuting criticisms that the Court was exceeding its functions or unduly interfering in control bodies.
“In turn, the Brazilian Constitutional Court is guided by the protection of the Constitution, by due legal process, by the adversary system, and by broad defense, respecting the fields of duties of the Public Ministry and the Federal Police, however, acting in regular judicial supervision, as has been done within the scope of this Supreme Court by the Minister rapporteur, DIAS TOFFOLI”, he said.
Opportunity with security!
Fachin stated that the STF will not accept political or media pressure that aims to demoralize the institution.
“The Federal Supreme Court does not bow to threats or intimidation. Anyone who tries to demoralize the STF to erode its authority, in order to cause chaos and institutional dilution, is attacking the very heart of constitutional democracy”, stated the president.
Fachin clarified that, with the Plenary in recess, urgent matters are decided by the Presidency (currently held by the vice-president, Minister Alexandre de Moraes) or by the rapporteurs.
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“The regular exercise of jurisdiction by the members of the Court during the recess period is legitimate, without exception. Any alleged defects or irregularities will be examined in accordance with the rules and procedures”, says the text.
Fachin also stated that the Constitution gives the Central Bank the legal duty to ensure the stability of the financial system, the continuity of essential banking operations, the protection of depositors and the prevention of systemic risks. “Such competences, of a technical and non-delegable nature, must be exercised with full autonomy and without undue interference”, I consider.
The president of the STF also stated that the Federal Police’s actions are equally indispensable, especially in the investigation of possible criminal practices of reckless management, financial fraud, manipulation of information, money laundering and other illicit acts provided for in criminal and financial legislation.
Fachin continued, saying that it is up to the Attorney General’s Office, within the scope of its constitutional duties, to promote criminal prosecution and control the legality of investigations.
“Defending the STF is defending the rules of the democratic game and preventing brute force from replacing the law. Criticism is legitimate and even necessary. However, history is ruthless with those who try to destroy institutions to protect vested interests or power projects; and the STF will not allow this to happen”, he said in the text.
Fachin stated that the Supreme Court has done a lot in Brazil in defense of the democratic rule of law and will do even more. “Yes, all institutions can and must be improved, always, but never destroyed. Anyone who seeks to replace the bold pedagogy of prudence with the irresponsible primitivism of beating is wrong.”
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Read the full note:
“Note from the Presidency
Adversities do not suspend the Law. It is precisely in moments of tribulation that the empire of legality, discernment and serenity demonstrates its reason for being. It is with eyes focused on this duty that I look at present facts.
Situations with direct impacts on the national financial system require a firm, coordinated and strictly constitutional response from the competent institutions.
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The Constitution of the Republic assigns the Central Bank of Brazil the legal duty to ensure the stability of the financial system, the continuity of essential banking operations, the protection of depositors and the prevention of systemic risks. Such powers, of a technical and non-delegable nature, must be exercised with full autonomy and without undue interference.
The actions of the Federal Police are equally essential, especially when investigating possible criminal practices involving reckless management, financial fraud, manipulation of information, money laundering and other illicit acts provided for in criminal and financial legislation.
The Attorney General’s Office, within the scope of its constitutional duties, is responsible for promoting criminal prosecution and controlling the legality of investigations. The Public Ministry, as a permanent institution, plays a fundamental role in protecting the economic order and the legal regime for consumer protection
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In turn, the Brazilian Constitutional Court is guided by the protection of the Constitution, by due legal process, by the adversary system, and by broad defense, respecting the fields of duties of the Public Ministry and the Federal Police, however, acting in regular judicial supervision, as has been done within the scope of this Supreme Court by the Reporting Minister, DIAS TOFFOLI.
Regarding the Federal Supreme Court, I note that the Full Court is currently in recess. During this period, urgent matters are considered by the Presidency or the Rapporteur, in accordance with the regulations. Minister Alexandre de Moraes, Vice-President of this Court, regularly holds the Presidency. Matters within the competence of the Full Court or Panels, when decided during recess, will, in due course, be submitted to collegiate deliberation, in compliance with due constitutional process, legal certainty and decision-making uniformity. Collegiality is method.
The regular exercise of jurisdiction by members of the Court during the recess period is legitimate, without exception. Any alleged defects or irregularities will be examined in accordance with the rules and procedures. Such issues have their own rite and will be considered by the collegiate with the seriousness they deserve. The Presidency does not anticipate judgments, but nor does it shy away from conducting them.
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There is no doubt that everyone submits to the law, including the Constitutional Court itself; However, it must be stated clearly: the Federal Supreme Court does not bow to threats or intimidation. Anyone who tries to demoralize the STF to erode its authority, in order to cause chaos and institutional dilution, is attacking the very heart of constitutional democracy and the rule of law. The Supreme Court acts under a constitutional mandate, and no political, corporate or media pressure can revoke this role. Defending the STF means defending the rules of the democratic game and preventing brute force from replacing law. Criticism is legitimate and even necessary. Nevertheless, history is merciless towards those who try to destroy institutions to protect vested interests or power projects; and the STF will not allow that to happen.
The Supreme Court did a lot in Brazil in defense of the democratic rule of law; will do even more. Yes, all institutions can and should be improved, always, but never destroyed. Anyone who wants to replace the bold pedagogy of prudence with the irresponsible primitivism of beating is wrong.
Transparency, ethics, credibility and respectability are good for the rule of law. This must be a commitment for all of us Democrats.
Brasília, January 23, 2026.
Luiz Edson Fachin, President of the Federal Supreme Court”
