According to the president of the STF, the Court already has a consolidated understanding on the matter, which makes it impossible to use an injunction to review monocratic decisions by magistrates.
The president of the Federal Supreme Court, minister Edson Fachin, denied the request from the Organized Crime CPI to suspend the decision of minister Gilmar Mendes which canceled the breach of confidentiality of Maridt Participaçõesa company whose partners include minister Dias Toffoli.
Since Wednesday (25), the commission tried to reverse the decision of minister Gilmar Mendes through an injunction suspension. In the decision, Fachin stated that this type of measure is not appropriate against individual decisions by ministers of the STF itself. According to Fachin, the Court already has a consolidated understanding on the matter, which makes it impossible to use the legal instrument to review monocratic decisions by members of the STF.
Gilmar Mendes’ decision
Last month, the dean of the Supreme Court, minister Gilmar Mendeswhich determined the breach of Maridt’s banking, tax, telephone and telematic secrecy, in addition to access to data from the Financial Activities Control Council (Coaf).
The decision was given under the understanding that there were irregularities in the commission’s actions.
By rejecting the CPI’s request, Fachin highlighted that the suspension of the injunction is “an exceptional measure, aimed only at avoiding serious risks to public order, health, safety or economy, and cannot be used as a substitute for an appeal or as a form of broad review of judicial decisions”.
O minister also highlighted that there is no hierarchy among the members of the STF, which prevents the Presidency from functioning as a review body for individual decisions.
According to him, the role of the President of the Court in this type of mechanism is restricted to very specific situations, such as when there is a direct affront to collegial decisions: “No hierarchical relationship between his ministers is allowed”, wrote Fachin.
When appealing to the STF, the CPI maintained that Gilmar’s decision would have caused “serious harm to public order” by interfering with the investigative competence of the Legislature.
He also claimed that the use of habeas corpus would be inappropriate in this case, as there would be no threat to freedom of movement, but only measures of a patrimonial and informational nature.
Toffoli’s involvement
Toffoli admitted in a statement last month that he is a partner in Maridt, a company that, as revealed by Estadão, sold a stake in the Tayayá resort, in the interior of Paraná, to a fund belonging to banker Daniel Vorcaro’s brother-in-law, owner of Banco Master.
Toffoli said that he declared to the Federal Revenue Service the amounts received in the negotiation and stated that he never “received any amount from Daniel Vorcaro or his brother-in-law Fabiano Zettel”. Toffoli’s company took over the management of the resort until February 2025.
After Fachin’s decision, the president of the CPI for Organized Crime, senator Fabiano Contarato (PT-ES), said regret the decision to maintain the suspension of the breach of confidentiality from the company Maridt Participações:
“The measure limits the progress of investigations and directly impacts the exercise of the constitutional prerogatives of the CPIs, which have their own powers of judicial authority, as per the understanding already consolidated by the STF”, states an excerpt from the note.
A Commission also stated, in a note, that it will appeal and awaits the STF Plenary restore the commission’s investigative powers.
Finally, the CPI reported that within the scope of the request for redistribution of the case in the Court to another minister, in which Fachin ordered Minister Gilmar Mendes to speak about the distribution of the case, “the Presidency of the Commission trusts that the distortion of the distribution system will be duly corrected”.
*Estadão Content
