Fachin removes Moraes from Supreme Court fake news inquiry
The Supremo Tribunal Federal maintains procedural handling of the Inquérito das Fake News on September 9, 2026, in Brasília to probe attacks, threats, and fraudulent publications targeting the highest judicial bench and its sitting magistrates. This comprehensive judicial inquiry operates strictly under the statutory principles established in the Código de Processo Penal alongside procedural guidelines repeatedly delineated by the full court over the progression of the case.
Alexandre de Moraes ordered police operations.
Understand the case: Brazil supreme court reshuffles fake news case under Fachin
Internal court rules define the procedural origin of the case
The formal opening of the procedure stemmed from an internal decision by the court presidency grounded directly in Article 43 of the Regimento Interno do Supremo Tribunal Federal, a regulatory provision that authorizes an ex officio inquiry whenever an infraction of criminal law takes place within the headquarters or operational premises of the tribunal. This internal mandate grants exceptional evidentiary prerogatives to shield magistrates against hostile campaigns threatening their physical security and judicial functions. When reviewing Arguição de Descumprimento de Preceito Fundamental 572, the full bench validated the legal soundness of this framework and confirmed the constitutionality of managing the probe internally.
Federal police officers conduct evidence gathering under statutory limits
Officers from the Polícia Federal carry out forensic tasks, court-ordered raids, and formal property seizures mandated directly by the bench under strict legal parameters established in the Código de Processo Penal to preserve the chain of custody and evidentiary validity.
Forensic technicians examine telecommunication metadata and system connection logs to track the illicit funding networks supporting the investigated operations. Investigative teams then deliver these specialized technical reports directly to the Supremo Tribunal Federal to support upcoming judicial determinations.
- Uncovering account ownership through judicial warrants authorizing the breach of digital confidentiality
- Tracking revenue streams and commercial monetization systems operating across digital communication platforms
- Producing expert forensic documentation regarding the integrity and historical authenticity of seized computer files
- Carrying out residential search and seizure orders in full compliance with Article 240 of the Código de Processo Penal
The Supremo Tribunal Federal preserves procedural secrecy.
Criminal legal standards govern prosecutorial jurisdiction and defense rights
The judicial inquiry cannot supplant a formal criminal action, which remains the exclusive constitutional prerogative of the Procuradoria-Geral da República as outlined in Article 129 of the Federal Constitution. Officers of the Ministério Público must inspect all evidentiary materials supplied by investigators to decide whether to submit formal criminal indictments, recommend full case closure, or demand supplementary investigative steps. Meanwhile, defense attorneys representing target individuals maintain clear guarantees under Súmula Vinculante 14 to consult all technical findings and documents formally integrated into the judicial dossier.
Judicial leadership reassigns case oversight to new administration
Supremo Tribunal Federal President Edson Fachin removed justice Alexandre de Moraes as the reporting magistrate of the Inquérito das Fake News on September 9, 2026, in Brasília, redirecting the procedural roadmap of the long-running probe. This administrative decree restructures institutional oversight across the investigation and reassigns pending case rulings directly to the newest executive administration of the tribunal.
This formal reassignment processes directly through the Secretaria Judiciária of the Supremo Tribunal Federal for electronic ledger updates.
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