The draw of the minister, of the (Supreme Federal Court), in the Master case was read as a solution with the potential to cool down questions about the conduct of the case, at least for now. This assessment is made both by the court and by members of the government (PT), who describe him as a technical magistrate, discreet and tough in his positions.
The report on the Master case, however, would be the minister’s first acid test since taking office at the STF, as it is a rumored investigation whose scope in the political world is still unclear. This could make the magistrate the target of pressure, and the way he will conduct the case will only be possible to assess during the process, say court observers.
With the Master case, the magistrate is also appointed as a new protagonist of the court, as he also holds command of the National Social Security Institute.
Until then, the minister’s actions were subject to questioning due to possible conflicts of interest in conducting the investigation, such as when the minister imposed secrecy on the investigation. Toffoli even publicly criticized the PF while he was rapporteur, and President Lula defended behind the scenes that the magistrate should stay away from the case.
For Lula’s assistants heard by the Sheet, The fact that the magistrate is a nominee of the former president () could be positive in relieving tension around the government, by frustrating any suggestions of possible attempts at intervention.
Mendonça is also identified as a minister who is not politically skilled within the Supreme Court, which makes him, at times, distant from the others. The minister is seen as someone who values a stance that is faithful to his own understandings and is little given to internal articulations.
This feature of his profile points to, according to people with contact with the court, a difficulty in reading the steps that the magistrate can take if the investigation includes members of the court again.
A wing of the government is betting on the minister’s technical performance, based on his work in reporting on the investigation into fraud in social security benefits, described as orthodox from a regulatory and procedural point of view.
Despite the prognosis, government ministers remember that the PP is at the heart of the investigations. Recalling the magistrate’s origin and his relationship with members of the centrão, another wing of the government points out concern about Mendonça’s susceptibility to pressure from parliamentarians from the group.
An aide to Lula says that it is “necessary to have courage” to carry out actions against allies and that the judge will only be effectively tested during the process.
Even so, the prevailing view is that Toffoli’s departure serves to alleviate the crisis at court, which threatened to spill over into Carnival. The president’s direct collaborators also claim that Lula should not give his opinion on the investigation, repeating that the STF and have autonomy.
For the government, the topic is an internal discussion within the Supreme Court, and the main demand was that the rapporteur be taken over by someone with no involvement in the issue and who would bring stability.
Planalto’s assistants also point out that Mendonça’s conduct in reporting the inquiry investigating INSS fraud brings a positive perspective for the conduct of the Master case from now on.
Although the magistrate supported Toffoli internally in relation to the report produced by the PF, the expectation is that he wanted to differentiate himself from his colleague in handling the case.
The minister’s stance in the fraud processes in social security benefit discounts is the reference for the perspective of the Master’s irregularities among his peers, assistants and lawyers who attend the court.
One of the horizons foreseen by the defenses of some of the names central to the investigation is the granting of tougher precautions and even the decreeing of arrests for those involved in the scandal.
Mendonça also replaced Toffoli in reporting on the , in August last year. At the time, the Attorney General of the Republic, , challenged the minister’s report.
Shortly after taking over the process, the minister released the investigated Antonio Carlos Camilo Antunes, the “”, and Maurício Camisotti from testifying to the CPI (Parliamentary Commission of Inquiry) of Congress about the deviations.
Careca from INSS and Camisotti, however, were arrested the day before this decision, on September 12, by order of Mendonça. The commission asked the minister that their participation be maintained anyway, but he rejected the request and replied that those being investigated could choose to skip the hearing.
The process is being carried out under judicial secrecy and both remain in pre-trial detention. The case has also been maintained under his supervision, without sending sections of the investigation to other bodies so far.
Another characteristic cited on many occasions is discretion and distance from controversy. Based on this, court assistants and interlocutors believe that the case can proceed with less disruption.
