Fachin upholds Mendes' ruling, denies CPI appeal on Toffoli-linked firm's secrecy

STF President Edson Fachin rejected a Senate CPI of Organized Crime's appeal against Justice Gilmar Mendes' earlier suspension of secrecy breaks on Maridt Participações, a firm linked to Justice Dias Toffoli. This keeps the company's banking, fiscal, phone, and telematic records sealed amid probes into financial irregularities and possible organized crime ties.

On March 28, 2026, STF President Justice Edson Fachin denied the Senate CPI of Organized Crime's request to overturn Justice Gilmar Mendes' February 27 ruling. Mendes had suspended, via habeas corpus in an unrelated archived case, the CPI's order to access Maridt's banking, fiscal, phone, and telematic records—describing it as lacking foundation.

Maridt, where Toffoli's brothers are partners, sold stakes in the Tayayá resort: half in 2021 to the Arleen fund (linked to Banco Master, controlled by investigated figure Daniel Vorcaro), and the rest in 2025 to Paulo Humberto Barbosa, a JBS lawyer. The CPI alleges financial irregularities and money laundering ties.

Fachin argued the STF presidency lacks authority to review another justice's decision, citing no hierarchy among ministers: "Não se admite, como regra, pedido de suspensão de decisão proferida por Ministro do Supremo Tribunal Federal." He forwarded a separate CPI petition to Mendes.

CPI President Senator Fabiano Contarato (PT-ES) decried the decision as limiting investigations and CPI prerogatives, with plans to appeal to the full STF bench. In February, Federal Police submitted a 200-page report to Fachin on Toffoli-Vorcaro links but found no basis to investigate Toffoli, who denies impropriety and claims all declared to authorities.

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Dramatic illustration of Brazil's CPI rejecting a report against STF justices in a 6-4 Senate vote.
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Brazil's organized crime CPI rejects report against STF justices

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Brazil's Parliamentary Commission of Inquiry (CPI) on Organized Crime rejected Senator Alessandro Vieira's (MDB-SE) final report on Tuesday (April 14), which proposed indicting three Supreme Federal Court (STF) justices and the Attorney General. The report was defeated 6-4 after changes in the commission's composition. The substitutions favored government-aligned members, swaying the vote outcome.

Supreme Court Justice Gilmar Mendes suspended the breaking of banking, fiscal, and telematic seals for Maridt, a company in which Justice Dias Toffoli is a partner. The action responded to an order from the CPI on Organized Crime and was criticized in a Folha de S.Paulo editorial as an irregular maneuver. The decision relied on a 2021 archived writ of mandamus unrelated to the current case.

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In response to a rejected CPI report proposing his indictment, STF Justice Gilmar Mendes on April 15 requested Attorney General Paulo Gonet investigate Senator Alessandro Vieira for abuse of authority, citing deviation from the commission's organized crime focus.

STF Justice Dias Toffoli has declared himself suspect for 'foro íntimo' reasons and will not participate in the judgment on maintaining banker Daniel Vorcaro's imprisonment, owner of Banco Master. The decision comes amid a virtual session of the Second Panel starting this Friday (13). Earlier, Toffoli also recused himself from a request for a CPI on frauds involving the bank.

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STF Minister André Mendonça ruled on Monday (March 23) that the Court's plenary analyze the endorsement of the preliminary injunction extending the INSS CPMI's work. He ordered Senate President Davi Alcolumbre to read the extension request within 48 hours. The decision responds to lawmakers investigating frauds in pension benefits.

Senator Rogério Marinho (PL-RN), a member of the CPMI on INSS, advocated for a specific parliamentary inquiry commission to investigate the Banco Master scandal following new revelations from the breach of Daniel Vorcaro's secrecy. Marinho argues that the case is complex and exceeds the current commission's scope. The presidents of the Senate and Chamber resist opening the CPI.

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Senate vice-president Eduardo Gomes (PL-TO) indicated an imminent decision on multiple investigation requests into the Banco Master scandal, following months of broad support across parties. Discussions among party leaders and Senate President Davi Alcolumbre are set for next week.

 

 

 

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