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Latin Times
Latin Times
Politics
Miguel Paiva

Inside Brazil's Judicial Civil War: Three Supreme Court Justices Overrule Each Other Over Federal Police Chief

(L to R) Brazil's Federal Supreme Court (STF) ministers Alexandre de Moraes, Jose Antonio Dias Toffoli, Gilmar Mendes; Brazil's Prosecutor General Paulo Gonet Branco; Brazil's Chamber of Deputies Speaker Hugo Motta; Brazil's President Luiz Inacio Lula da Silva; and Brazil's Chief Justice Edson Fachin attend the opening ceremony of the judicial year at the Supreme Court in Brasilia on February 2, 2026. (Credit: Photo by Sergio Lima / AFP via Getty Images)

Three Supreme Court justices overruled each other on who leads Brazil's Federal Police, forcing Chief Justice Edson Fachin to freeze the fight — just as a newly unsealed contract deepens the scandal tying Justice Alexandre de Moraes' family to the collapsed Banco Master.


The Briefing

  • Justice André Mendonça suspended Federal Police Director Andrei Rodrigues on Sept. 8 over intelligence dossiers he says tracked his own conduct; Justice Flávio Dino reinstated Rodrigues the next day, then Chief Justice Edson Fachin froze both rulings and gave Rodrigues 48 hours to respond before deciding his fate.
  • A contract unsealed just one day before this report shows Banco Master had committed roughly R$131 million (about $25.6 million) to the law firm run by Justice Alexandre de Moraes' wife — an upward revision from the R$129 million figure first reported in December.
  • Two separate Fachin-set deadlines are ticking in parallel: a five-business-day window covering Moraes and Mendonça's mutual accusations closes Sept. 11, while a second track tied to Moraes' formal complaint runs until Sept. 21 — pushing any full-bench ruling toward the final weeks of the year.

Brazil's Supreme Court spent 48 hours proving it could out-maneuver itself. One justice fired the country's top federal police official. A second reinstated him less than a day later. A third then froze both moves and put the officer's job on hold until he could formally respond. Seven weeks before Brazilians vote for president, three members of the same court publicly reversed one another over a single law-enforcement post — hardly the image of institutional steadiness the bench has spent months trying to project.

A Chief Fired, Reinstated, and Frozen — All in One Legal Whirlwind

The clash opened on Sept. 8, when Justice André Mendonça ordered the preventive removal of Federal Police Director-General Andrei Rodrigues and intelligence chief Leandro Almada, arguing the pair had a hand in producing dossiers that tracked his own judicial conduct. Mendonça sent the order to the court's Second Panel for same-day confirmation, and it held after Justices Luiz Fux and Kássio Nunes Marques sided with him — though the ruling never became final, since Justice Gilmar Mendes asked for extra time to study the case, a procedural move that can stall a decision for weeks.

That pause gave Rodrigues an opening. Acting on his own petition in a separate criminal inquiry, Justice Flávio Dino ordered Rodrigues and Almada reinstated the very next morning. Dino's order rested largely on a technical objection: he found that the political party Novo, whose request had triggered Mendonça's original ruling, had no legal standing to seek a criminal cautionary measure. Dino went further, noting that Novo's own presidential candidate, former Minas Gerais governor Romeu Zema has an obvious electoral stake in undercutting a police chief appointed by his rival, President Luiz Inácio Lula da Silva. Zema pushed back publicly, framing the reinstatement as proof that some officials answer to no one.

This view shows the front facade of the Supreme Federal Court (STF) in Brasília on September 8, 2026. (Credit: Photo by Sergio Lima / AFP via Getty Images)

Notably, Dino's decision came in an entirely different case than the one that removed Rodrigues in the first place: an inquiry into diverted congressional budget earmarks that allegedly helped bankroll "Dark Horse," a biographical film about former President Jair Bolsonaro — not the broader dispute over the surveillance dossiers.

The reversal didn't survive the day. Citing what he called an irreconcilable conflict between two colleagues' orders, Chief Justice Edson Fachin suspended both the Mendonça and Dino rulings that same Wednesday afternoon, canceled a plenary session that had been scheduled for later that day, and ordered Rodrigues to "submit information within 48 hours" if he wished to respond, after which Fachin alone would decide whether Rodrigues keeps the job. Fachin also referred the broader standoff to the full 11-member court rather than resolve it himself.

What Mendonça Actually Accused the Police of Doing

Mendonça's ruling was more specific than early coverage suggested. According to his own order, the Federal Police's intelligence unit produced at least six reports between Aug. 3 and Aug. 31 that tracked his conduct and that of Attorney General Jorge Messias — not a blanket surveillance campaign against the court's justices as a group. Mendonça said the documents carried no letterhead, seal, or signature and argued in his ruling that they were legally worthless, using a term that translates roughly to "outlandish" to describe how they were put together. He also said Justice Alexandre de Moraes knew about the reports before they were later used to justify including Mendonça in a separate fake-news investigation.

The Force Splits: Directors Back Rodrigues, Delegates Cry Foul, Rank and File Stay Cautious

Word of the removal spread fast inside the agency. Eleven Federal Police directors signed a letter on Sept. 8 declaring full support for Rodrigues and Almada and putting their own posts up for review in solidarity. The Associação Nacional dos Delegados de Polícia Federal, which represents roughly 2,300 federal delegates, went further, arguing that removing the agency's top official should never rest on a single justice's ruling, calling the process an "overreach of procedural rites". A separate union covering the Federal Police's administrative staff, the Sindicato Nacional dos Servidores do Plano Especial de Cargos da Polícia Federal, issued its own statement backing the ousted directors, while the federation representing rank-and-file officers took a more neutral stance, urging the agency to stay above the political fight rather than pick sides.

That caution held into the following day. By Sept. 10, delegates who had criticized the initial removal stopped short of signing a second, more forceful letter of support, a sign the agency was trying to avoid looking like it was squaring off directly against the Supreme Court while Fachin worked to untangle the command dispute.

The Moraes Family's Banco Master Contract, Now in Sharper Focus

The police-command fight is unfolding inside a much larger institutional rupture rooted in Banco Master, the mid-sized lender that collapsed into central bank liquidation last November. Reporting since December has tied the bank's founder, Daniel Vorcaro, to a legal-services contract with the law firm run by Viviane Barci de Moraes, Justice Alexandre de Moraes' wife. Documents Mendonça ordered unsealed on Sept. 10 — a day before this report — put the arrangement at 36 monthly installments of roughly R$3.6 million, or about R$131 million gross over three years, with a net value near R$108 million after taxes. That's a modest upward revision from the R$129 million figure that first surfaced in earlier reporting, translating to roughly $25.6 million gross at current exchange rates.

Why a Final Ruling Could Slide Into December

Two separate Fachin-imposed clocks are running on the underlying Moraes-Mendonça dispute, and it's easy to conflate them. The first began Sept. 3, when Fachin gave Moraes, Mendonça, Prosecutor General Paulo Gonet and Rodrigues five business days to respond to questions about the leaked Vorcaro-Moraes intelligence report; that window closes Sept. 11. The second track, opened Sept. 4 after Moraes formally accused Mendonça of misconduct, runs on its own schedule: Gonet has until Sept. 14 to weigh in, and Mendonça has until Sept. 21 to formally answer.

A third, narrower deadline — 72 hours Fachin initially gave Mendonça to respond to an Advocacia-Geral da União appeal over the Rodrigues removal — was effectively overtaken when Fachin suspended both the Mendonça and Dino rulings on Sept. 9 and substituted the 48-hour window for Rodrigues instead. The AGU, which had asked Fachin to intervene, said afterward that his ruling "restores public and administrative order" and reaffirmed the president's exclusive authority to appoint and remove Federal Police leadership.

With three overlapping timelines now in play, a full-court resolution of the broader Moraes-Mendonça standoff looks unlikely before the Oct. 4 presidential election — and possibly not until well after it. One camp inside the court is betting Fachin won't schedule a plenary session until after the vote, with related deadlines now stretching into the week of Dec. 21 — a considerably longer runway than earlier expectations of a November hearing.

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