Fachin takes over rapporteurship of fake news inquiry

On September 9, the president of the Supreme Federal Court, Edson Fachin, took over the rapporteurship of the fake news inquiry, transferring the conduct of the case from Alexandre de Moraes. The decision came after the suspension of monocratic decisions that affected Federal Police directors, generating an internal crisis in the Court.

Fachin resumes conduct of the inquiry

The act, published in the Diário da Justiça, established that investigations, petitions, and other preliminary procedures linked to the case return to the presidency. Fachin will analyze the procedures and forward the records to the police authority. Subsequently, the cases will proceed to the Prosecutor General's Office, for the filing of charges or a request for dismissal.

Exception for already initiated cases

Fachin made an exception for criminal actions already initiated, in which the court has accepted the charges. In these cases, the delegation to Moraes remains. However, Fachin's decision argues that the designation can be terminated by whoever holds the command of the court, in accordance with Article 43 of the Internal Rules.

Context of the crisis in the STF

On the same date, the STF president suspended the decisions of André Mendonça and Flávio Dino that removed and reinstated Federal Police directors. The measure aims to avoid conflicts and procedural overlap in cases related to the same facts and authorities, with the risk of contradictory decisions.

Future procedures

Fachin ordered the suspension of the progress of Petition 16,662, reported by Mendonça, pending further deliberation. He also scheduled an extraordinary plenary session for Tuesday, the 15th, to analyze the case. The president emphasized that any procedure involving an investigation against STF justices must be previously forwarded to the Court's Presidency, in order to preserve the court's jurisdiction.

Repercussions in the Senate

Senators, including Senate President Davi Alcolumbre, are evaluating the possibility of impeachment of STF justices following the crisis. Alcolumbre intends to decide on the opening of impeachment proceedings after the elections, considering the future composition of the Senate and the support of pro-Bolsonaro senators.

Conclusion

The change in rapporteurship reflects the attempt to stabilize the conduct of the fake news inquiry and control internal conflicts in the Court. The measure, accompanied by suspensions of monocratic decisions, highlights the importance of a unified procedure and the need to forward investigations against justices to the president of the STF.

With information from Revista Oeste, SBT News, Folha de S.Paulo.