# Vorcaro Defense Petitions Fachin to Transfer Case to Gilmar Mendes Banker seeks release from prison while challenging STF's internal procedural handling of case. - **Source:** [Estadão](https://www.estadao.com.br) - **Published:** 2026-11-10 - **Topic:** [politics](https://brifing.si/c/politics) - **Original article:** - **On Brifing:** https://brifing.si/s/5f6c8860-db72-4b93-9369-81ac821c0562 ## Defense Seeks Jurisdiction Change The legal defense for Banco Master owner Daniel Vorcaro has formally requested that STF President Edson Fachin transfer the authority to rule on his preventive detention to Justice Gilmar Mendes. The motion, filed on Monday, argues that the current judicial structure prevents a timely resolution regarding the banker's ongoing incarceration. ## Allegations of Financial Fraud Daniel Vorcaro has been held in the Papuda penitentiary complex in Brasília for eight months. He faces serious accusations of leading a criminal organization responsible for a R$ 12.2 billion fraud against the national financial system. His defense team claims his prolonged detention without a final trial violates fundamental human rights. ## Procedural Conflict at STF The defense argues that Fachin’s decision to assume the rapporteurship of the 'Compliance Zero' operation violates the principle of the natural judge. They contend that in the absence of the original rapporteur, André Mendonça, the court should apply internal regulations by analogy to assign the case to the most senior justice. ## Mendonça Removed from Case Justice Fachin removed André Mendonça from the case in September to mitigate an internal crisis. This tension arose following a Federal Police report detailing Vorcaro’s close communication with Justice Alexandre de Moraes. The report included requests from Vorcaro for Moraes to assist with his defense strategy and potential legal interventions. ## Internal Court Tensions The situation escalated significantly during a plenary session on September 15, where justices exchanged public accusations. Moraes alleged that Mendonça conducted the inquiry with political motives, aiming to favor Jair Bolsonaro’s group. This public confrontation prompted Fachin to take temporary control of the case to restore institutional order within the court. ## International Human Rights Appeal Beyond domestic legal maneuvers, Vorcaro’s lawyers have escalated the matter by filing a complaint with the Inter-American Commission on Human Rights. They maintain that the current judicial impasse creates an impossibility of jurisdictional provision, effectively leaving the defendant in a state of legal limbo while awaiting a decision on his freedom. ## Legal Argument for Transfer The defense cites Article 38 of the STF’s Internal Regulations, which mandates that a rapporteur be replaced by the most senior minister for urgent matters. They argue this rule must apply here because no specific norm exists for the current situation, necessitating a transfer to Gilmar Mendes for the detention revocation. ## Implications for Judicial Stability This case highlights deep-seated procedural and political frictions within Brazil’s highest court. The outcome of this motion will determine not only Vorcaro's immediate future but also set a precedent for how the STF handles cases involving potential conflicts of interest and the reassignment of high-profile investigations among its sitting justices. ## Sources covering this story - https://www.estadao.com.br/politica/blog-do-fausto-macedo/defesa-de-vorcaro-pede-a-fachin-que-gilmar-mendes-decida-sobre-prisao-de-banqueiro/ — --- _Summary written by Brifing from the original reporting. Copyright in the original article belongs to its publisher; read the full piece at the link above._