This tends to overturn the Court minister’s decision to send the Senate to the CPMI of the INSS. The Court hears the action this Thursday (26th March 2026).
If this expectation is confirmed, it will be a victory for the president of the Senate, (União Brasil-AP), and a political defeat for Mendonça.
A draw is a possible score. Mendonça and STF ministers Edson Fachin, Cármen Lúcia and Luiz Fux must vote to extend the CPMI. Gilmar Mendes, Flávio Dino, Cristiano Zanin and Alexandre de Moraes are expected to vote against. Dias Toffoli and Nunes Marques are undecided.
Toffoli should end up being against the extension. Nunes Marques, in favor. In this scenario, there is a 5-5 tie. Therefore, the decision falls and the CPMI will not be extended.
There is yet another possibility. Fachin is president of the STF and votes last. If the framework is defined, he can abstain – which is common for those who command the Court. In this case, the score would be 5 to 4, against Mendonça.
CPMI investigates fraud in loans granted to INSS retirees and pensioners. The collegiate would close its activities on March 28.
Mendonça was chosen as rapporteur for the action and from Monday (23rd March) Alcolumbre read the request to extend the commission’s work for another 60 days.
The STF minister did not define how many days the extension will be for. The CPMI may be extended for up to 120 days.
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