Supreme Court Justice Mendonça Awaits Response from Fachin on Stalled Master and INSS Cases

Justice André Mendonça of Brazil's Supreme Federal Court (STF) has waited nearly one month for a response from Justice Edson Fachin regarding the procedural status of two major investigations known as the Master and INSS cases, according to a report by O Globo columnist Lauro Jardim.

On September 25 — ten days after a historic plenary session of the STF — Mendonça sent an official letter (ofício) to Fachin. The letter requested clarification on a September 12 dispatch that ordered the transfer of case files for both investigations to the court's presidency. Although Mendonça remains the designated rapporteur (relator) for the cases, he argued that the transfer of the physical and digital case files to the presidency had effectively prevented him from issuing any decisions.

Mendonça also noted that his chambers continued to receive petitions from defense attorneys representing the investigated parties in both cases, creating a procedural limbo. He asked whether the cases would eventually return to his docket.

As of October 18, the request had not been answered. The column reported that a response is expected soon. A follow-up article published by the same columnist indicated that both cases are prepared to resume at the STF immediately after the upcoming election.

The Master and INSS cases involve investigations that have drawn significant public and legal attention. The STF, Brazil's highest court, operates with eleven justices who serve as rapporteurs for assigned cases. When case files are transferred to the court's presidency — currently held by Chief Justice Luís Roberto Barroso — the rapporteur's ability to move the case forward is typically suspended pending administrative or jurisdictional determinations.

Neither the STF's press office nor the justices' chambers have issued public statements on the exchange. The reporting is based on single-source information from O Globo's Lauro Jardim column.