Brazil supreme court reshuffles fake news case under Fachin

The Supremo Tribunal Federal processed procedural steps in the Fake News Inquiry on September 9, 2026, in Brasília, targeting fraudulent stories, verbal offenses, and threats directed against the judicial institution. Magistrates steered these ongoing proceedings under strict standards established by the Brazilian Code of Criminal Procedure alongside binding case law affirmed during plenary hearings.

Moraes ordered federal police raids.

Legal grounds rooted in internal court bylaws

Judicial leadership launched the probe through an internal decree invoking Article 43 of the internal regulations of the Supremo Tribunal Federal, an administrative rule that authorizes justices to initiate investigations on their own initiative whenever crimes take place on court premises. Because physical assaults or operational disruptions threaten constitutional magistrates, this normative rule gives the judiciary independent evidentiary tools to preserve institutional security. The full bench later ratified this procedural mechanism while deciding Arguição de Descumprimento de Preceito Fundamental 572, formally validating direct inquiries inside the tribunal.

Technical operations executed by the Federal Police

The Federal Police carried out forensic examinations, search warrants, and material seizures mandated by court orders in strict accordance with the requirements detailed within the Brazilian Code of Criminal Procedure to protect evidentiary integrity throughout investigative phases.

Federal police forensics specialists inspect digital communication records and connection logs to track funding streams linked to scrutinized virtual networks, working systematically across multiple encrypted databases to uncover the identities behind coordinated online operations. Technicians subsequently submit these final analytical reports directly to the Supremo Tribunal Federal to guide subsequent judicial rulings.

• Identifying authors through judicially authorized telecommunication secrecy breaches
• Mapping financial inflows and revenue channels across digital platforms
• Drafting forensic reports regarding the authenticity and integrity of electronic files
• Executing residential search warrants under Article 240 of the Code of Criminal Procedure

The court enforces strict secrecy.

Constitutional boundaries governing criminal prosecution

This judicial investigation does not replace public criminal action, an exclusive constitutional function assigned to the Procuradoria-Geral da República under Article 129 of the Federal Constitution. Public prosecutors will independently review all evidence delivered by investigators before deciding whether to file formal criminal charges, request case closure, or demand supplemental forensic work. Defense attorneys maintain procedural access to existing records through Súmula Vinculante 14, guaranteeing legal counsel can review previously documented findings.

Leadership transition reassigns procedural oversight

Supreme court president Edson Fachin stripped reporting duties for the Fake News Inquiry from justice Alexandre de Moraes on September 9, 2026, in Brasília, changing the administrative direction of the long-running dossier. This managerial measure reallocates courtroom responsibilities and moves unresolved procedural filings to the direct control of the incoming court administration.

The judicial registry of the Supremo Tribunal Federal currently processes the electronic re-registration required to transfer formal documentation between judicial chambers.