After changing rapporteurs, Vorcaro’s defense considers requesting nullity of the process

The defense of Daniel Vorcaro, owner of Banco Master, is considering asking for the nullity of the process being processed at the Federal Supreme Court (STF), arguing that there was a violation of the guarantee of natural justice after the change of case rapporteur. Last week, Minister Dias Toffoli left the process after the Federal Police (PF) found summons to the magistrate on Vorcaro’s cell phone. The court then defined a new rapporteur by lot, who became Minister André Mendonça.

Vocaro’s lawyers, however, point out that this change of reporting at the Court occurred without Toffoli formally declaring himself a suspect. The Organic Law of the National Judiciary (Loman) provides that a judge may leave a case in a situation of impediment — when one of the parties is a relative, for example —, suspicion — if it has any relation to the facts investigated — or for administrative reasons, such as removal for health reasons.

The guarantee of natural justice is provided for in the Federal Constitution and provides that “there will be no court or tribunal of exception” and that “no one will be prosecuted or sentenced except by the competent authority”.

Opportunity with security!

The Master case reached the Court after Vorcaro’s defense argued that material seized during the investigation cited a federal deputy — and, for this reason, the case should be processed in Court. At the time, Toffoli was chosen, by lot, as rapporteur for the process and determined that all inquiries related to the bank should be sent to his office.

The sending of the case to the STF was criticized by opposition parliamentarians. A request for Toffoli to be removed from reporting on the case, however, was rejected by the Attorney General’s Office (PGR).

Parliamentarians questioned Toffoli’s bias after columnist Lauro Jardim, from GLOBO, revealed that the minister traveled to Lima, capital of Peru, to watch the Copa Libertadores de América final in the company of a lawyer for one of the Master executives investigated in the investigation.

In addition, Toffoli was also the target of requests for removal after it was revealed that two of his brothers sold shares in the Tayayá resort, in Ribeirão Claro (PR), to a fund managed by Vorcaro’s brother-in-law, pastor and businessman Fabiano Zettel. The judge also admitted that he was a partner in the company managed by his brothers and that, therefore, he was also the owner of the enterprise.

Reports from Folha de S.Paulo and Estado de S.Paulo showed that Zettel is behind a web of investment funds managed by Reag, a manager being investigated on suspicion of fraud involving Master.

The newspaper O GLOBO also showed that security guards who work for the STF traveled during holidays, extended weekends and judicial recess to the region where the Tayayá resort, frequented by Toffoli, is located. There were 128 days in total, at a cost of R$460,000 in daily rates.