Minister Gilmar Mendes, of the Federal Supreme Court (STF), stated on Monday, 22, that there is an “impropriety” and a “gross error” in the report made by Minister André Mendonça that he was approached by a lawyer from Daniel Vorcaro with a proposal for “selective denunciation” in the case investigating Banco Master. The statement, given in an interview with the program Roda Vivafrom TV Cultura, occurred after Gilmar was questioned about Mendonça’s role in reporting on the Banco Master case.
Gilmar argued that the plea bargain agreement must be signed between the Public Ministry or the Federal Police and the person being investigated, accompanied by their lawyers. “So, there is already something of a blunder here. If you are participating in conversations or if you are expelling lawyers from the process, there is something wrong,” he said.
The speech comes days after Gilmar led a public clash with Mendonça in the trial of precautionary measures involving the maintenance of the prison of Henrique Vorcaro, father of Daniel Vorcaro.
At the time, Mendonça said he had refused a “selective plea bargain” proposal in the Master case. According to the rapporteur, a lawyer for the bank’s former controller approached him to discuss collaboration with clippings, but he stated that he did not accept this type of negotiation.
Without directly stating that the minister is handling the process poorly, the dean also said that Mendonça has a “difficult task”, but defended that the investigation follows a “metric” to avoid repeating past mistakes, in reference to Operation Lava Jato.
When justifying the comparison, Gilmar pointed to a sequence of episodes that, according to him, raises an alarm about the conduct of the case, such as leaks, disclosure of private conversations, arrests of family members of those being investigated and the death of one of the targets of the investigation: Luiz Phillipi Machado de Moraes Mourão, known as “Sicário”.
“These are elements that lead to, at least, concern and similarities with what happened previously”, stated the minister.
STF code of ethics and exposition
Gilmar once again criticized, during the interview, the moment chosen by the president of the STF, Edson Fachin, to propose a discussion on the creation of a code of ethics for Court ministers. For the dean, the issue should be dealt with by an internal commission of the court and preceded by greater coordination between the members of the Supreme Court.
According to Gilmar, Fachin should have sought greater coordination with his colleagues before discussing the topic. “Let’s wait, let’s not be so hasty. I told Fachin that at the time”, he stated.
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The minister also said that the president of the STF has the obligation to “lead the court” and assess the appropriate moment to adopt measures of this nature. “I think the president has the obligation to lead the court, to understand when it is time to take measures,” he stated.
The dean denied that his resistance to the code of ethics was personal against Fachin, but stated that the Supreme Court was under attack when the topic was brought up for discussion. “We are friends,” he said.
For Gilmar, the proposal exposed the court at a time of public vulnerability, marked by questions about the actions of ministers.
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Transparency of agendas
Gilmar was also questioned about the transparency of the agendas of STF ministers, participation in sponsored events and the disclosure of income obtained outside the court.
In response, the dean stated that his agenda is public and said he saw no problem in disclosing amounts received by magistrates in lectures, events and other activities.
Criticism of Kassio Nunes Marques in research decision
The minister also criticized the decision of the president of the Superior Electoral Court (TSE), Kassio Nunes Marques, who suspended the publication of an AtlasIntel survey on the 2026 presidential race. The survey was questioned by the PL on the grounds that the questionnaire induced responses against Flávio Bolsonaro by associating the senator with Daniel Vorcaro and the Banco Master case.
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“I think that a case like this will end up in the Federal Supreme Court. If this Kassio Nunes Marques jurisprudence is maintained, it is certainly not a jurisprudence that will be maintained”, said Gilmar.
The analysis of the decision by the TSE plenary was interrupted after a request for a review by Minister Estela Aranha, and the suspension of the research remains valid until further deliberation by the Court.
