In a report sent to Fachin, the corporation requested that the minister be suspected; the rapporteur of the Master’s case at the STF said that the request ‘is about conclusions’
On Monday (9) the Federal Police (PF) forwarded to the president of the Federal Supreme Court (STF), Edson Fachin, the report on the data collected on the cell phone of the owner of Banco Master, Daniel Vorcaro. On the device, the corporation found several mentions of Minister Dias Toffoli, rapporteur of the inquiry into the financial institution at the Court. The information was reported by the portal UOL and confirmed by Young Pan.
For this reason, the PF asked the president of the STF to raise suspicion of Toffoli. In other words, that the minister is declared a “suspect” to act in the process. However, this request can only be made by the Attorney General of the Republic, Paulo Gonet.
In a note issued by the office, Toffoli said that the request “is a matter of conclusions”. Based on article 145 of the Code of Civil Procedure, the judge also argued that the corporation “does not have legitimacy” to make the request. He further stated that, regarding the content of the report, “the response will be presented to the president of the Court”. Read the full note below.
What does article 145 say?
Provision 145 of law no. 13,105/2015, which established the Code of Civil Procedure, defines the situations in which a judge is suspected. According to legislation, a judge is declared a suspect when:
- Is a close friend or enemy of any of the parties to the process, or their lawyers;
- Receiving gifts from people interested in the cause before or after the action begins;
- Advise any of the parties involved in the case;
- Guarantee resources to cover process expenses;
- Either party is a creditor or debtor of the magistrate, or of relatives of up to the third degree of ancestry, or direct descent — that is, from great-grandparents to great-grandchildren;
- Is interested in the action in favor of either party.
Still in article 145, it is determined that the magistrate can declare himself “suspicious of intimate reasons”, without stating his reasons. It is also established that requests made in the following situations will be considered illegitimate:
- It is provoked by the person making the allegation;
- “The party who claims to have carried out an act that signifies the defendant’s express acceptance”.
Understand the case of Banco Master
After identifying signs of financial irregularities and the serious liquidity crisis, the Central Bank determined, in November 2025, the extrajudicial liquidation of Banco Master S/A, Banco Master de Investimentos S/A, Banco Letsbank S/A and Master S/A Corretora de Câmbio, Títulos e Valores Mobiliários.
On January 21, Will Bank, the digital arm of the Vorcaro conglomerate, .
According to investigations, Banco Master offered Bank Deposit Certificates (CDB) with profitability well above the market. To sustain the practice, the financial institution began to take excessive risks and structure operations that artificially inflated its financial balance, while liquidity deteriorated.
The episodes of settled on January 15, are the most serious in the Brazilian financial system. The cases involve, in addition to fraud, tensions between the STF and the Federal Audit Court (TCU), as well as with the Central Bank and the PF.
On January 17, the Credit Guarantee Fund (FGC) began the from Banco Master, Banco Master de Investimento and Banco Letsbank. The total amount to be paid in guarantees amounts to R$40.6 billion.
Read the full note sent by Toffoli’s office
“Minister Dias Toffoli’s office clarifies that the request for a declaration of suspicion presented by the Federal Police deals with conclusions. Legally, the institution does not have legitimacy for the request, as it is not a party to the process, under the terms of article 145, of the Code of Civil Procedure. As for the content of the request, the response will be presented by the Minister to the President of the Court”.
