STF resumes work amid internal divisions and Congress tensions

The Supreme Federal Court (STF) restarts activities on Monday (2) after a recess marked by controversies in the Banco Master investigation. The court faces internal divisions and pressures from the National Congress in an election year. President Edson Fachin seeks to defend the court's image in a solemn session with nearly full quorum.

The STF resumes operations on Monday (February 2, 2026), after an intense recess due to the Banco Master investigation crisis. Divided by the case's repercussions, the court faces the challenge of overcoming internal disputes and protecting itself from wear in an election year, with expected clashes with the National Congress.

Edson Fachin, STF president, called a solemn session with nearly full quorum, except for Minister Luiz Fux, who joins remotely due to pneumonia. Fachin is expected to speak in defense of the court, but there are doubts if he will address the code of conduct for magistrates, an initiative that divides the ministers. One group supports the proposal, but another wing resists, fearing new attacks at a delicate time.

Dias Toffoli, relator of the Banco Master investigation, is at the center of the controversies. He flew on a private jet with a case lawyer in November and has family ties to a fund linked to the bank. Recently, Toffoli signaled he will decide whether to remit the case to the first instance, an attempt at damage control after heterodox decisions, such as a confrontation with the Central Bank and maintaining secrecy in the inquiry. He partially lifted the secrecy on Federal Police depositions from Daniel Vorcaro (Master owner), Paulo Henrique Costa (ex-BRB) and Ailton de Aquino (BC), who diverge on fake credits.

Three ministers foresee clashes with Congress, such as impeachment requests, CPIs and the 'anti-STF package'. The agenda includes sensitive trials: parliamentary amendments (March 10-11), Marielle Franco's murder (February 24) and Eduardo Bolsonaro's case in the first semester. On the 4th, the plenary judges CNJ rules on social media, with Alexandre de Moraes as relator and four votes to maintain them.

Confirmed attendees include President Lula, Davi Alcolumbre (Senate) and Hugo Motta (Chamber). Jorge Messias, nominated to the STF, also attends. The court operates with 10 ministers after Luís Roberto Barroso's retirement. Fachin scheduled a meeting on February 12 to discuss topics like the code of conduct.

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Minister Dias Toffoli stepped down from the Master case relatoria at the STF after a closed meeting with other ministers, convened by President Edson Fachin due to a Police Federal report arguing his suspicion. The Court issued a joint note stating no impediment exists, and the relatoria was reassigned to André Mendonça. Parties and police delegates' associations reacted in defense of judicial institutionalism.

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.

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STF President Luiz Edson Fachin advocated for judges' impartial distancing and resumed discussions on an ethics code in response to the Banco Master crisis. In an interview, retired Justice Luís Roberto Barroso acknowledged a 'difficult moment' for the court but urged caution in judgments. The scandal impacts ministers like Alexandre de Moraes and Dias Toffoli, with revealed messages and business ties.

The STF's Second Chamber begins judging the preventive detention of Banco Master owner Daniel Vorcaro in a virtual plenary starting Friday (13). This follows his March 4 arrest in Operation Compliance Zero and the recent cancellation of a Senate hearing. The Federal Police believes continued detention boosts chances of collaboration in billion-dollar fraud probes, while his defense seeks release.

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President lula's nomination of attorney-general jorge messias to the supreme court has strained relations with the senate, opposing senate president davi alcolumbre's preference for rodrigo pacheco. Alcolumbre criticized the delay in officially submitting the nomination and denied cargo negotiations, while the government rejects insinuations of cronyism. Messias' hearing is scheduled for december 10 amid debates on judicial self-restraint.

In a follow-up ruling, STF Minister Dias Toffoli rejected the Central Bank's embargos to remove Fiscalization Director Ailton Aquino Santos from the December 30 confrontation hearing in the Banco Master case, emphasizing his relevance despite BC not being investigated.

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The Supreme Federal Court's First Panel unanimously rejected Jair Bolsonaro's defense appeal on Friday (7) in the coup plot case, upholding his 27-year prison sentence. Allies of the former president, including Senator Flávio Bolsonaro and PL president Valdemar Costa Neto, reacted at the inauguration of a party headquarters in Atibaia, vowing responses to alleged persecution and betting on Bolsonaro's return to the presidency in 2026. Defenses of other defendants, like Walter Braga Netto, announced appeals including to international courts.

 

 

 

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