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Toffoli declares recusal after Nunes Marques does the same: 'Matter of personal conscience'Photo by Endzeiter on Pexels
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Toffoli declares recusal after Nunes Marques does the same: 'Matter of personal conscience'

extra15 September 2026 at 16:04

Justice Dias Toffoli, of the Supreme Federal Court, declared himself recused from participating in Tuesday's trial, following the same move as colleague Kassio Nunes Marques. Both said they did not feel comfortable deliberating on the case involving Justice Alexandre de Moraes.

Toffoli clarified that his decision was not based on formal impediment, but rather on recusal for personal conscience, aiming to preserve the Court from any speculation. He stated he would not leave the session, maintaining the right to follow the proceedings and speak if necessary.

The case has as its context a Federal Police report that pointed to 52 messages exchanged between businessman Luciano Vorcaro and Justice Alexandre de Moraes, a document that was used as the basis for the trial. The situation involving the messages was mentioned as part of the scenario that led to the justices' decision.

Toffoli had been the rapporteur of the Master case before the process reached Justice André Mendonça, which may also have influenced his decision to declare himself recused from participating in the deliberation regarding Moraes.

Why this matters

Readers are affected because the trial regarding Moraes, which involves questions of integrity at the STF, is compromised with two justices refusing to participate. Toffoli's decision, who was the previous rapporteur of the Master case, may indicate internal tensions within the Court that impact the processing of sensitive cases. WHY: The refusal of two justices to judge a colleague raises questions about judicial independence and the tribunal's ability to deliberate on cases involving its own members, which may affect readers' trust in institutions.

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