The note emphatically defends the professional performance of the institutions. Fachin states that crises and adversities do not suspend the rule of law and that, precisely in these moments, respect for the Constitution, due legal process and the technical performance of institutions must prevail.
Without explicitly mentioning the Master fraud episode, the minister makes an indirect mention of the case, highlighting that “situations with an impact on the national financial system really require a firm, coordinated and strictly constitutional response from the competent institutions”.
Fachin highlights the autonomy of the Central Bank, the role of the Federal Police in investigating financial crimes and the role of the Public Prosecutor’s Office in criminal prosecution and defending the economic order.
Fachin also states that the STF regularly exercises its constitutional function, including during recess, a period in which urgent matters are assessed by the Presidency of the Court or by the rapporteur of the respective processes, and are subsequently submitted to the collegiate.
“Matters within the competence of the Full Court or Panels, when decided during recess, will, in due course, be submitted to collegial deliberation, in compliance with due constitutional process, legal certainty and decision-making uniformity. Collegiality is a method”, he observes.
The President of the Court emphasized that the Supreme Court does not bow to threats or intimidation and that attacks on its authority represent attacks on democracy itself, defending legitimate criticism, but repudiating attempts at institutional demoralization.
“Whoever tries to demoralize the STF to erode its authority, in order to cause chaos and institutional dilution, is attacking the very heart of constitutional democracy and the rule of law”, he points out. “The Supreme Court acts under a constitutional mandate, and no political, corporate or media pressure can revoke this role. Defending the STF means defending the rules of the democratic game and preventing brute force from replacing the law. Criticism is legitimate and even necessary. However, history is relentless with those who try to destroy institutions to protect vested interests or power projects; and the STF will not allow this to happen”, the note continues.
Reviews
Among recent decisions by Toffoli that generated controversy is the one that determined the sealing and safeguarding of assets, documents and electronic devices seized by the Federal Police in the new phase of Operation Compliance Zero under the care of the PGR. The measure was criticized by an association of criminal experts.
Toffoli has also had his actions questioned by parliamentarians who allege alleged impediment or suspicion. Earlier, the Attorney General of the Republic, Paulo Gonet, filed one of these requests, presented in December by federal deputies Adriana Ventura (Novo-SP), Carlos Jordy (PL-RJ) and Caroline de Toni (PL-SC).
The filing of the request for Toffoli’s removal from the case was praised by the dean of the STF, minister Gilmar Mendes.
“In a Rule of Law, the preservation of due legal process and the observance of institutional guarantees constitute essential conditions for democratic stability and society’s trust in institutions. Decisions based on objective legal criteria, away from circumstantial pressures, strengthen legal security and reaffirm the institutional maturity of the Brazilian constitutional system”, wrote Gilmar in a post on the X network.
