RIO DE JANEIRO – Brazil’s Supreme Court has been plunged into an extraordinary internal upheaval, with hearings called off, justices countermanding each other’s rulings and serious allegations swirling around the bench. Claims involving corruption, political partiality and police influence have intensified scrutiny of the court just weeks before Brazil’s October presidential election.
The dispute centers on justices widely seen as representing opposing poles of Brazil’s deeply divided political landscape. President Luiz Inácio Lula da Silva is expected to face Sen. Flávio Bolsonaro, son of former President Jair Bolsonaro, next month in a contest expected to be as tight as the election four years earlier.
On Tuesday, the Supreme Court is due to consider whether to open a corruption investigation involving one of its own justices.
Here is a closer look at the controversy engulfing Brazil’s highest court.
What sparked Brazil’s Supreme Court crisis
The turmoil traces back to the downfall of Banco Master, a midsize lender with assets estimated at as much as $16 billion. The bank was closed in November after authorities launched a sweeping investigation into an alleged fraud operation worth billions of reais. The inquiry has drawn in prominent politicians and members of Brazil’s judiciary.
Justice Andre Mendonca, who was appointed to the Supreme Court by Jair Bolsonaro, was assigned to oversee the case at the nation’s top tribunal.
Daniel Vorcaro, Banco Master’s former chief, was arrested earlier this year. Investigators have found that he maintained business ties with several senior political figures, including Sen. Bolsonaro. Documents connected to the continuing probe also show that Justice Alexandre de Moraes, Mendonca’s rival, gave legal advice to Vorcaro. Moraes’ wife held a 130 million reais, or roughly $23 million, agreement to provide legal services to Banco Master.
At the same time, inquiries into Flávio Bolsonaro’s ties to Vorcaro — including the banker’s $12 million payment for a film about the life of Bolsonaro’s father — have moved more slowly. The senator has acknowledged accepting the money but has denied any wrongdoing.
Some Supreme Court members have publicly alleged that Mendonca selectively disclosed material from the extensive Banco Master investigation. They contend that he deliberately delayed releasing sections related to Sen. Bolsonaro in order to time their emergence around the presidential campaign.
Mendonca denies the accusations of bias.
Multiple Brazilian media outlets have reported that Mendonca wants de Moraes suspended while the court decides whether he should be investigated for graft. De Moraes has filed a request to have Mendonca investigated by the court and potentially impeached by the Senate for investigating him in an unauthorized proceeding.
Political ramifications go deep
Brazil’s next president will appoint at least four new Supreme Court justices, who can serve until they are 75 years old. Some Senate candidates allied with Flávio Bolsonaro have promised to push to impeach members of the country’s highest court, while Lula allies are considering term limits.
De Moraes is a hero for many Lula supporters for overseeing the case that led to the conviction of ex-President Bolsonaro for attempting a coup after his 2022 defeat.
Ahead of the 2022 vote, de Moraes used his double role as a high court judge and head of Brazil’s electoral court to fight disinformation and protect the integrity of the electoral process as Bolsonaro cast unfounded doubts on Brazil’s electronic voting system.
De Moraes’ demise, analysts say, could embolden the Bolsonaros to once again question results if they lose. A Bolsonaro appointee, Justice Kassio Nunes Marques, currently chairs Brazil’s top electoral court.
At a rally that drew nearly 30,000 people in Sao Paulo for Brazil’s Independence Day on Sept. 7, Sen. Bolsonaro directly linked Lula to de Moraes. “Whoever votes for Lula votes for Alexandre de Moraes,” Sen. Bolsonaro said, vowing to reshape the court if elected.
“Because it’s an extremely polarized campaign, all that is negative for de Moraes is, immediately, positive for the Bolsonaro family,” said independent political consultant Thomas Traumann, noting that the crisis at the Supreme Court has become a central issue in the presidential campaign.
What the next steps in the crisis are
When the court meets Tuesday, it is expected to discuss whether de Moraes should be investigated.
Chief Justice Luiz Edson Fachin is trying to turn down the political heat and has removed Mendonca from overseeing the Banco Master investigations. Fachin also ordered the unsealing of all documents related to the Banco Master case at the Supreme Court, which were made available on Friday.
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