This Saturday (14), the e reaches seven years of processing still in use and in the midst of a (Federal Supreme Court), which was dragged into the e scandal.
If the investigation has already accumulated controversies since it emerged – whether due to orders considered abusive or due to its format and scope – its prolongation over time, with recent use, generated a reaction from the legal profession, increasing the movement of wear and tear on the court, which has been publicly demanded to adopt, for example, a code of conduct.
Established in March 2019, by the then president of the court, the minister, ex officio and without drawing the rapporteur — which was given to the minister —, the investigation was criticized from the beginning.
It gained some support from public opinion, however, as the Supreme Court came to be seen as the main buffer against the anti-democratic attacks of the former president (PL), especially with the inaction of other control institutions.
Its continuity, however, has attracted more and more critics. All this, amid the image crisis in the face of the questions that are accumulating regarding the relations between ministers Moraes and Toffoli with Banco Master and its owner, .
Lawyers and law professors heard by the Sheet advocate closing the investigation as soon as possible.
Former Minister of Justice and retired professor of criminal law at USP (University of São Paulo), says that the investigation was important in the Bolsonaro government, but is becoming increasingly problematic.
“This maintenance for such a long time, without a specific purpose, is not justified. This investigation is, without a doubt, excessive and weakens legal certainty”, he says. “I believe this investigation will finally be archived.”
He also criticizes the lack of transparency and generic information in the investigation. “Secrecy is against clarity for the challenge. And it is not possible for an important body like the STF to act in the shadows.”
Vera Karam de Chueiri, professor of constitutional law at UFPR (Federal University of Paraná), states that the investigation has already exceeded its reasonable duration and that it has been more of a reason to wear down the court than to reinforce its authority.
“Instead of the investigation, like any procedure of this type, finalizing and presenting its results, it was being stretched out. I think that, more than ever, it is opportune to close this investigation”, he argues.
Lawyer Vinícius Assumpção, doctor in law from UnB (University of Brasília) and director of IBCCrim (Brazilian Institute of Criminal Sciences), assesses that the passage of time only confirms the criticisms of the investigation. He adds that, although the procedures are, in general, confidential, it is essential that transparency be given to how the process took place.
“At some point we will need to have the possibility of auditing what has been done and this entire chain of spread of the fake news investigation”, he says.
Since its opening, a series of other investigations have ended up under the supervision of Moraes based on the fake news investigation. As a rule, procedures are distributed randomly. Distribution by prevention —when there is no draw among ministers— must only occur in the cases provided for in criminal legislation.
The opacity of the fake news investigation and its ramifications, however, is often pointed out as a factor that makes it difficult to conclude with certainty to what extent the orders are or are not abusive.
In February, Moraes ordered search and seizure warrants against members of the STF and their relatives, as part of the fake news investigation.
Also last month, the president of Unafisco (Brazil’s National Association of Tax Auditors), after telling the press that inspecting authorities and their relatives has become a risky activity for Revenue employees.
Days after these developments, the (Brazilian Bar Association) challenged the maintenance of heterodox investigations of a “perpetual nature” in court. He also criticized what he calls the “excessive elasticity” of the object of the investigation.
After the measure, the minister defended the investigation, stating that it had “historical importance”. He also criticized the press, saying there would be a focus on “a narrative of delegitimization of the court”. “I don’t want to speculate about the ‘if’ in the history that Brazil would have had if it hadn’t been for the establishment of the fake news investigation,” said the dean.
Last Monday (9), two weeks after the letter, representatives from the entity’s leadership met with the president of the court, Edson Fachin, and reiterated the request for the investigation to be closed.
Already this week, and renewing the wave of criticism, search and seizure warrants were executed by minister Flávio Dino, in an investigation opened by the PF and distributed to Moraes for an alleged connection with the fake news investigation.
When he was president of the STF, the minister went so far as to say, in August 2024, about fake news. Months later, however, he retreated, considering that the investigation was over time.”
For now, the answer given by Moraes in a rare interview with Sheet, December 2023, when asked about the topic.
Remember research milestones
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It was established in March 2019 by Minister Dias Toffoli, ex officio and without drawing from the rapporteur.
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Under the command of Raquel Dodge, the PGR defended his successor in the Prosecutor’s Office more than once, he wavered — he even defended the archiving, but in the end supported the constitutionality of the investigation, albeit with reservations.”
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STF validated the investigation, by 10 votes to 1, when considering an action by the Network – the acronym even asked for the action to be extinguished, after a change of atmosphere regarding the investigation
Examples of determinations within the scope of the investigation
Focus of the investigation
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It was opened to investigate fraudulent news, false reports of crime, slanderous reports, threats and other slanderous, defamatory or insulting offenses against the Supreme Court and its ministers
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Later, the object also included: “verifying the existence of financing schemes and mass dissemination on social networks”, against the independence of the Judiciary and the Rule of Law
