World
Zanin and Moraes now adopt a different stance on access to evidence at the STF
The moves by both judges in the Master case contrast with previous decisions in high-impact investigations. The comparison was drawn by Folha de S.Paulo based on their actions in the case over the coup plot and in the fake news docket.
The latest requests by Cristiano Zanin and Alexandre de Moraes to access more information linked to the Master case marked a contrast with positions both had taken in other cases before Brazil’s Supreme Federal Court, according to a reconstruction by Folha de S.Paulo.
According to that outlet, Zanin asked the Federal Police on Sunday for access to the full contents of former banker Daniel Vorcaro‘s cellphone in order to be ready for the session scheduled for Tuesday, 15. The judge said he needed to review the material that gave rise to the report prepared by the PF at the request of André Mendonça, a document that includes messages sent by Vorcaro to Moraes.
Folha de S.Paulo noted that this position differs from the one Zanin adopted when he examined the progress of the complaint against the core of the coup plot. At that time, former president Jair Bolsonaro‘s defense argued that it had not had broad access to the evidence, including data from seized cellphones such as that of former aide-de-camp Mauro Cid.
According to the newspaper, when voting on that dispute in March last year, Zanin said there was no nullity and maintained that the defense had access to the elements documented in the case file and used by the Attorney General’s Office to file the complaint. He also argued then that full access would correspond to a complaint already accepted.
Now, in a scenario in which there is not even a complaint against Moraes and in which the next step would in theory be to authorize an investigation, Zanin said he needs to see the entire contents of the phone to form a conviction before the session.
Folha de S.Paulo also highlighted a change in Moraes’ stance. In 2020, in the framework of the fake news case, he had authorized some investigated parties to see only the part of the proceedings referring to them and not the investigation as a whole. In the crisis opened by the Master case, by contrast, he questioned why Mendonça, as rapporteur, had not guaranteed full access to the case file.
Still according to Folha de S.Paulo, Moraes asked on Sunday that the president of the court, Edson Fachin, lift the secrecy on one of the case files linked to the Banco Master case before Tuesday’s session. The judge said Mendonça had not made public part of the investigation that, in his view, contains essential elements for the trial and must be available to all members of the court.
When consulted by Folha de S.Paulo, lawyers Renato Stanziola Vieira and Vinícius Assumpção pointed to differences between the cases compared, although they agreed in stressing the importance of access to information in order to act, whether in the defense of an accused person or in the task of judging. Both also warned about the problems caused by delaying access to the elements that serve as the basis for a decision.
Sources
About this note. Written by El Notero with assistance from artificial intelligence, based on what was published by the cited outlet. El Notero did not conduct its own reporting on this event.
