Fachin defends Toffoli’s role in the Master case and says the Supreme Court ‘doesn’t bend’

The president of Federal Supreme Court (STF), Edson Fachindefended this Thursday (22) the actions of the minister Toffoli Days in the case of Banco Master, and said that the Supreme Court will not bend. In a note, without mentioning the bank, he highlights: “Whoever 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”, he says.

Fachin also emphasizes that “the Brazilian Constitutional Court is guided by the protection of the Constitution, by due legal process, by the adversary system, and by broad defense […]however, acting in regular judicial supervision, as has been done within this scope by the reporting Minister, DIAS TOFFOLI”.

According to the president of the STF, the Supreme Court does a lot in Brazil in defense of the democratic rule of law. “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”, says the note.

Despite the defense, he also makes it clear that possible “vices” and “irregularities” will be examined. “The regular exercise of jurisdiction by members of the Court during the recess period is legitimate, without exception,” he said.

Fachin’s position comes two days after he returned earlier to Brasília with the aim of managing the deterioration in the court’s image caused by the recent developments in the Banco Master inquiry, reported by minister Dias Toffoli. To Court interlocutors and peers, the minister justified his return before the official opening of the Judiciary year with the assessment that “the moment demands” his presence in the capital.

This Thursday, the Attorney General of the Republic, Paulo Gonet, ordered the request for Toffoli’s removal to be archived. Decision praised by the STF minister, Gilmar Mendes. According to him, this highlights the regular functioning of the Republic’s institutions. “In a State of Law, the preservation of due legal process and the observance of institutional guarantees constitute essential conditions for democratic stability and society’s trust in institutions”, he wrote, in a publication in X.

The PGR’s decision to shelve the request for Minister Dias Toffoli’s removal highlights the regular functioning of the Republic’s institutions. In a State of Law, the preservation of due legal process and the observance of institutional guarantees constitute conditions…

— Gilmar Mendes (@gilmarmendes)

Master Case Controversies

At the STF since December 2025, investigations into the Martes case have accumulated controversies involving Días Toffoli, the case’s rapporteur. This is because the minister reduced the time for the Federal Police (PF) to listen to those involved. The deadline was now two days – different from the six that had been requested –, which directly interfered with the PF’s conduct of the investigation.

And it even determined that goods and materials seized by the agency, within the scope of Operation Compliance Zero, be stored at the STF, in Brasília. However, on the same day he backed down and allowed the assets to be placed in the custody of the PF. “In view of the success of the operation carried out today, the evidentiary material collected must be assessed by the holder of the criminal action for the appropriate formation of the ministerial opinion on the materiality and authorship of the crimes under investigation”, stated the minister in the decision.

Check out Fachin’s note in full

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.

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

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.

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