BC and TCU Seek Negotiated Solution to Master Bank Crisis

The Central Bank (BC) and the Tribunal de Contas da União (TCU) are working toward a negotiated agreement to resolve the crisis surrounding the liquidation of Master Bank. The two institutions are moving to retract the threat of preliminary measures and are coordinating the legal format to grant TCU technicians access to the case documents.

The dispute involves Minister Jonathan de Jesus, whose monocratic decision to question the liquidation faces potential rejection by the tribunal's majority. To avoid this internal defeat, the BC and TCU are seeking a legal exit that bypasses a full plenary vote. The goal is to allow the minister to retreat from his position without significant embarrassment while satisfying the BC's requirements. Both sides agree that available information provides clear evidence that the bank required liquidation.

The Central Bank and the Tribunal de Contas da União are prioritizing a diplomatic resolution to the tension that has arisen between the two entities. The core of the agreement involves ensuring that the tribunal's inspection confirms the necessity of the Master Bank liquidation. According to representatives from both sides, the technical analysis conducted by the tribunal's area supports the conclusion that the bank had to be liquidated.

The institutions are currently focused on defining the legal mechanism that will allow technicians to review the documentation under seal. Currently, the review process is stalled because of embargos de declaração filed by the BC, which legally prevent the TCU from analyzing the data. The resolution requires a specific legal maneuver to lift these barriers.

Minister Jonathan de Jesus issued a monocratic ruling that initially raised questions regarding the pace and propriety of the liquidation. His decision included indications that he might adopt preliminary measures to suspend the sale of assets belonging to Master Bank and its owner, Daniel Vorcaro. He characterized the liquidation process as having an element of "precipitation" and launched suspicions regarding the bank's handling of the case.

However, internal tribunal assessments suggest that Minister de Jesus has "advanced the signal" and is now looking for a way to retreat. The current search for a negotiated exit is designed to allow him to step back without causing major institutional friction. The tribunal's evaluation indicates that the minister is seeking a face-saving resolution.

The urgency for a settlement is driven by the high likelihood of a defeat for Minister de Jesus if the case proceeds to a full vote. According to TCU ministers, if the matter were brought to the plenary, the majority position would likely be against the minister's decision. Consequently, the BC and TCU are utilizing a legal strategy to avoid this specific voting scenario.

The legal concept of embargos de declaração serves to request clarification on obscure, contradictory, or omitted points in a decision. Typically, these appeals do not alter the judgment's outcome or reduce penalties. In this specific case, however, the parties are using the existence of these appeals to pause the process and negotiate a new path forward.

Two primary legal pathways are currently being discussed to resolve the impasse:

1. The Central Bank could withdraw its embargos de declaração, clearing the way for the TCU to proceed with its review without the minister's interference.
2. The TCU could reformulate its decision, effectively maintaining the monocratic ruling of Minister Jonathan de Jesus to avoid a plenary vote.

The Central Bank has expressed satisfaction with the posture of the TCU team. The tribunal has guaranteed that it will not adopt any preliminary measures against the liquidation and will cease questioning the pace of the process. This assurance has paved the way for the ongoing negotiations to finalize the legal format for document access.