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.
STF Justice Dias Toffoli informed the Second Panel of the court that he will not participate in the judgment on maintaining Daniel Vorcaro's imprisonment, owner of Banco Master. The recusal was due to 'foro íntimo', as per article 145, § 1, of the Code of Civil Procedure, which allows a judge to step aside without detailing the reasons.
The virtual session of the Second Panel begins this Friday (13) and will review relator André Mendonça's decision, which ordered the arrest of Vorcaro and two others in the third phase of Operation Compliance Zero last week. Toffoli forwarded the decision to Justices Gilmar Mendes, the panel's president, and Mendonça.
"On this date, I declared my suspicion for foro íntimo reasons in the records of Mandado de Segurança No. 40.791/DF, distributed to me. Given the correlation between the matters in that case and those in Pet No. 15.556/DF, I declare my suspicion under article 145, § 1, of the Code of Civil Procedure, for foro íntimo reasons, starting from this investigative phase," Toffoli wrote in his dispatch.
Earlier on Wednesday (11), Toffoli recused himself from reporting a request to install a CPI in the Chamber of Deputies to investigate suspected financial frauds between Banco Master and Banco de Brasília (BRB). He was drawn as relator but stepped aside for the same reason, and the case went to Cristiano Zanin.
The recusal follows Toffoli's departure from the main case's relatoria in February, amid pressure from revelations by Folha de S.Paulo about connections between the justice, the Tayayá resort, and Vorcaro's bank. A Federal Police report showed messages between Vorcaro and his brother-in-law Fabiano Zettel discussing payments to Maridt company, in which Toffoli is a partner. In a joint note, the other justices defended the validity of Toffoli's prior acts.