Fachin defends STF and Toffoli amid Banco Master case criticisms

In the ongoing Banco Master fraud probe at the STF—where Justice Dias Toffoli earlier ordered depositions from investigators including banker Daniel Vorcaro—STF President Edson Fachin issued a note on January 22, 2026, defending the court's actions and Toffoli's role. Without naming the case directly, he upheld monocratic decisions during recess, rejected threats to the institution, and warned that attacks on the STF undermine democracy.

STF President Edson Fachin published a technical note on Thursday night, January 22, 2026, responding to criticisms of Minister Dias Toffoli's handling of the Banco Master case as rapporteur. The case, involving alleged financial frauds, was transferred to the STF in late 2025 after involving figures like former director Daniel Vorcaro, prompting Toffoli's December orders for Federal Police depositions. Fachin's note, referencing impacts on the 'national financial system,' defends coordinated responses from bodies like the Central Bank, Federal Police, and Attorney General's Office.

Fachin praises Toffoli's judicial oversight, guided by the Constitution, due process, and full defense. He legitimizes monocratic decisions during recess, when the plenary is suspended, assuring collegial review of irregularities. 'It is legitimate for the Tribunal's members to exercise regular jurisdiction during the recess period, without exception,' he wrote.

Rejecting threats and intimidations, Fachin states the STF 'does not bow to threats or intimidations.' He warns that discrediting the Court erodes authority, provokes chaos, and attacks democracy and rule of law. 'Criticism is legitimate and even necessary. However, history is implacable with those who try to destroy institutions to protect shady interests or power projects; and the STF will not allow that to happen.'

The case's prominence stems from fraud allegations and Toffoli's reported ties to Vorcaro, fueling internal STF pressure for him to step aside—though not unanimous, to avoid opinion-based coercion precedents. Fachin cut vacations short to discuss solutions in Brasília amid the image crisis, without addressing ethics codes directly.

Fachin reaffirms STF's commitment: 'The Supreme has done much in Brazil in defense of the democratic rule of law; it will do even more. Transparency, ethics, credibility, and respectability benefit the rule of law. This must be the commitment of all of us democrats.'

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