World

Brazilian Supreme Court Judges Clash Amidst Election and Banking Scandal

By Tom Phillips

A significant crisis has emerged within Brazil's Supreme Court, described by experts as the most severe since the return of democracy in the 1980s. This situation involves a public dispute between two judges, Alexandre de Moraes and André Mendonça, occurring just before the presidential election. The conflict became public on Tuesday during a livestreamed Supreme Court hearing where judges exchanged insults and accusations.

During a heated exchange, Judge Alexandre de Moraes accused André Mendonça, stating, "You’re at the service of a political group that tried to launch a coup in this country!" Mendonça responded, "It’s a lie!" Shortly after, Judge Gilmar Mendes accused Mendonça of using the court's work to create political instability and influence the upcoming October presidential election. Mendonça warned Mendes, "Don’t point your finger at me, Minister Gilmar! Don’t point your finger! You’re not talking to any old person! Show some respect to this court!" Mendes retorted, "Respect is earned, not given."

This judicial conflict reflects the broader electoral contest between left-wing president Luiz Inácio Lula da Silva and far-right rival Flávio Bolsonaro. Moraes, described as a martial arts practitioner, is pitted against Mendonça, a Presbyterian pastor and the only openly evangelical member of the 11-seat court. Moraes was appointed by former right-wing president Michel Temer nearly a decade ago but is widely associated with Lula due to his prosecution of Flávio Bolsonaro’s father, former president Jair Bolsonaro, for an alleged coup attempt after the 2022 election. Mendonça was appointed during Jair Bolsonaro’s 2018-23 presidency and is seen by left-wingers as an ally of the former president, who is serving a 27-year sentence.

The judicial and political crisis has intensified with less than three weeks until the election, coinciding with the unfolding Banco Master banking scandal. The scandal began in November when Daniel Vorcaro, the owner of the collapsed Banco Master, was arrested while attempting to leave São Paulo. Investigations have reportedly linked Vorcaro to various figures in Brazil's political and judicial elite, including Flávio Bolsonaro and Moraes, as well as other Supreme Court members and their relatives.

Mendonça has been accused of expediting the investigation into Moraes while delaying inquiries into Vorcaro’s connections to the Bolsonaros and his financing of a film about Jair Bolsonaro. Earlier this month, Mendonça unsealed a police dossier related to the Banco Master investigation. This dossier included WhatsApp exchanges purportedly between Vorcaro and Moraes, and a $25 million contract between Banco Master and the law firm of Moraes’s wife. A text message from Vorcaro to Moraes, sent two days before Vorcaro's arrest, asked, "Do you think … I need to get out [of the country]?"

Moraes responded on the eve of Tuesday's hearing, alleging he was being targeted with politically motivated "criminal lies" as part of a revenge attack by right-wing forces involved in the January 2023 Brasília riots. He also claimed that "external actors" were involved in the attacks against him, suggesting a possible foreign attempt to interfere in Brazil’s election.

The conflict between Moraes and Mendonça reached a peak on Tuesday as Supreme Court judges met in Brasília to consider an investigation into Moraes's conduct. Moraes has, in turn, requested an investigation into Mendonça.

This judicial scandal has erupted as Brazil's election campaign nears its conclusion, with polls indicating a close race between Lula and Bolsonaro, who are expected to face a second-round run-off on October 25. Eloísa Machado, a constitutional law professor, commented on the timing, stating, "The timing is awful. We are just a few weeks away from elections that already look to be challenging for a democracy that has been struggling to deal with extremist and anti-democratic groups that continue to be an important political force in the country. So I think we have a perfect storm here." Machado clarified that Lula had "absolutely nothing to do" with the scandal, noting that he did not appoint Moraes. However, the crisis may negatively impact Lula’s chances for a fourth term due to the public association between him and Moraes, particularly regarding Moraes's role in Jair Bolsonaro's imprisonment.

Flávio Bolsonaro, in a social media video during Tuesday's hearing, attributed the judicial scandal to Lula’s administration, without mentioning his alleged ties to Vorcaro. He stated, "This [is happening] because the current government ... is part of this decaying system and we are now seeing this rotten system reveal itself before the eyes of the entire nation," and claimed Lula had "shared power" with Moraes.

Political analyst Thomas Traumann predicted that the scandal would intensify the election campaign, leading to increased mudslinging as both sides attempt to discredit their opponents. "This campaign is going to get dirtier much faster than we had expected," he said.