An open conflict between justices has engulfed Brazil’s Supreme Court, as it weighs whether to investigate two of its own in what may be the biggest test of its credibility since the country returned to democracy four decades ago.
One of the justices at the center of the conflict is Alexandre de Moraes, whose aggressive pursuit of former President Jair Bolsonaro and his far-right allies over a coup plot had already turned him into one of Brazil’s most polarizing figures, drawing even the ire of the Trump administration, which briefly sanctioned him last year, citing politicized prosecutions.
The other is Justice André Mendonça, who was appointed by Bolsonaro, and has made public a report that raised suspicions that Moraes made improper contact with a banker who allegedly led a multibillion-dollar fraud, prompting calls for an investigation.
Moraes then asked the court to investigate Mendonça for abuse of authority Thursday evening.
“This may be the most dramatic moment in the history of Brazil’s Supreme Federal Court,” said Felipe Recondo, a journalist and researcher who has covered the court for decades.
The conflict has rattled campaigns weeks before Brazil’s October 4 election, as parties push for judicial reform and try to tie opponents to the scandals.
“It is essential to investigate everyone, without shielding anyone, no matter who it hurts,” President Luiz Inacio Lula da Silva, who holds a narrowing lead in polls, said in a social media post on Thursday.
Chief Justice Edson Fachin on Friday gave the attorney general five days to weigh in on Moraes’ allegations against Mendonça. The court is also expected next week to decide whether to investigate Moraes.
What the court does next will have broad implications for a tribunal that has played an increasingly decisive and controversial role in government affairs in the past decade, including decriminalizing the possession of marijuana for personal use, barring laws to limit environmental protections, and – perhaps most importantly – arresting a president, Bolsonaro, who still, despite being convicted of threatening democracy, has the support of tens of millions of Brazilians.
