BRASILIA, Brazil (AP) — Brazil's Supreme Court began deliberations Tuesday on whether Justice Alexandre de Moraes, the man who led the trial against former President Jair Bolsonaro, should face an investigation in a graft case, a move that is also shaking the run up to the country's presidential election in October.
De Moraes is facing accusations raised by Justice André Mendonca, who was appointed by Bolsonaro. Outside the court Tuesday, several dozen
Bolsonaro supporters were protesting, calling for de Moraes to leave the court or be impeached by the Senate.
The two Supreme Court justices at the center of an unprecedented crisis at the top court are perceived as being at opposing ends of Brazil’s polarized political spectrum. In October, President Luiz Inácio Lula da Silva is expected to face off with Sen. Flávio Bolsonaro, Bolsonaro's son, in what is likely to be a close election, as it was four years ago.
Many Brazilians are spending their morning glued to their TVs as the court decides whether de Moraes should be included in the probe into the shuttered Banco Master, a case that has ensnared high-ranking politicians and members of the judiciary.
De Moraes denied any wrongdoing in filings he sent to the court earlier on Tuesday. He also accused Mendonca of waging a vendetta against him.
Mendonca unsealed documents last week showing that the head of Banco Master, Daniel Vorcaro, who is now in prison, sought legal advice from de Moraes as he was about to be arrested. The documents also showed the bank had a contract worth 130 million reais ($23 million) with the law firm of de Moraes’ wife.
Tuesday's session began after a 40-minute delay with Chief Justice Luiz Edson Fachin reading the federal police report unsealed by Mendonca last week. The report contained documents showing that Vorcaro used legal advice from de Moraes. Fachin said he scheduled Tuesday's session to deal with “a difficult moment” for the court.
“Disagreements are legitimate. Personal confrontations are not,” Fachin said in his opening statements. "The decision is up to the full court, not a single justice. We cannot give to future generations a smaller Supreme Court than the one we received. But that cannot mean the absence of disagreements.”
The court will not consider Tuesday whether Mendonca overreached and investigated de Moraes illegally, a claim that de Moraes himself and legal experts have made recently.
As soon as Fachin finished his opening remarks, two of the 10 Supreme Court justices requested not to vote on the decision to probe de Moraes.
Kassio Nunes, who heads Brazil's electoral court, said his position does not allow him to take part in the decision, because its result could bear some impact on the campaign trail.
José Dias Toffoli, who previously stepped down from overseeing the Banco Master case because of his links to Vorcaro, also refused to vote. Toffoli once again denied any wrongdoing in his connection with the banker.
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Savarese reported from Sao Paulo.
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