Brazil’s Chief Justice Returns INSS Probe to Mendonça and Retains Master Case

Brazil’s Supreme Federal Court president, Edson Fachin, ordered investigation files concerning Operation Sem Desconto, associated with the INSS social security agency, returned to Justice André Mendonça on October 29. Files concerning Operation Compliance Zero, associated with Banco Master, will remain exceptionally and temporarily with the court presidency pending consideration by the full court. Fachin found no sufficiently specific evidence at this stage involving an authority with special jurisdiction that justified retaining the INSS files in the presidency. The Master investigation, by contrast, includes police reports mentioning an authority subject to the Supreme Court’s jurisdiction. Fachin said the decision involved no “anticipation of judgment on the merits” of the investigations. It does not definitively settle jurisdiction, allocation or connections between the proceedings. The presidency’s temporary role in the Master case is limited to preserving the files, maintaining regular proceedings and deciding urgent matters that cannot wait, including periodic review of preventive detention. The retention period is capped at 90 days counted from September 12, rather than a fresh period beginning with this ruling. On September 12, Mendonça sent one Master proceeding to the presidency following Fachin’s earlier direction concerning potential investigations involving court members. Full-court consideration was interrupted on September 15 by a request for further review. The full court will review the new decision alongside related petitions. Earlier reconsideration is required when the relevant plenary questions are resolved, Justice Flávio Dino’s review period expires, or a requested detailed Federal Police report about mentions of Supreme Court justices supplies relevant grounds for reconsideration. The decision states no hearing date.