Brazil’s central bank faces court scrutiny over bank liquidation
Brazil’s central bank is facing extraordinary scrutiny over its decision to liquidate Banco Master SA, a rare instance of judicial intervention that risks undermining the legal certainty of its regulatory decisions.Both the country’s Supreme Court and Audit Court are seeking details about the move, with the regulator facing a looming deadline to provide information. The liquidation followed months of investigations into Banco Master’s operations and its politically connected Chief Executive Officer, Daniel Vorcaro, who spent about a month in jail before being released with an ankle monitor.The central bank found evidence suggesting attempted fraud in the proposed sale of Master to Banco de Brasilia SA, an institution owned by the Federal District government. The findings were forwarded to the federal police and the federal public prosecutor’s office, which sought the arrest of Vorcaro and other executives on November 17.It is the first time a decision falling under the central bank’s exclusive jurisdiction has come under scrutiny by Brazil’s highest courts, underscoring the challenges policymakers face in navigating Brasilia’s web of political connections — terrain that Vorcaro has long been adept at exploiting.The central bank didn’t respond to a request for comment.Vorcaro is facing allegations that his bank fabricated credit operations that were later sold to Banco de Brasilia. His lawyers argue that the portfolios targeted by investigators were never effectively transferred and that Banco de Brasilia instead purchased other portfolios not included in the probe.In early December, Supreme Court Justice Dias Toffoli moved to take control of the investigation after a defence lawyer argued that police actions could affect individuals with parliamentary immunity. Among documents seized during a search of Vorcaro’s home was paperwork related to a real estate transaction involving a federal lawmaker. Although unrelated to the Master investigation, Toffoli ruled the document sufficient to require that “any legal action be evaluated beforehand by this court rather than by a lower court.”Over Christmas, Toffoli scheduled a confrontation hearing for December 30 between Vorcaro; former Banco de Brasilia chief Paulo Henrique Costa, who was fired after the investigation became public; and central bank supervision director Ailton de Aquino.The hearing was scheduled without any request from either the federal police or the public prosecutor’s office. The attorney general’s office advised against it, arguing that such a procedure should only take place after those involved in the probe have been questioned individually.Toffoli has offered no further explanation for summoning Aquino, whose role at the central bank is supervision —not decision-making regarding the sale of Master to Banco de Brasilia. Central bank President Gabriel Galipolo has said he is willing to appear before the Supreme Court to explain the regulator’s actions.“As president, I am available to the Supreme Court to provide all the data that we have already provided to the public prosecutor’s office and the federal police. We have documented everything: Each of the actions taken, each of the meetings, exchanges of messages, communications, all of this is duly documented. I, in particular, am available to provide all kinds of support and assistance to the investigation,” he said on December 18 in a presser.On the same day, Audit Court Minister Jhonatan de Jesus opened a separate investigation into the central bank, citing potential failures in its supervision of Master. According to his ruling, the regulator’s actions “may have been marked by omissions and insufficiently timely responses to signs of the institution’s financial deterioration, undermining the effectiveness of the regulatory framework and increasing systemic risk.”Critics have long argued that the central bank took too long to liquidate a lender that was clearly in distress. As with the Supreme Court inquiry, the audit court investigation is under seal.Once touted as a rising star in Brazilian finance, Master attracted billions of reais from retail investors through investment platforms, promoting its bonds as safe because they were backed by Brazil’s deposit insurance system, the Credit Guarantee Fund, or FGC. The fund covers up to 250,000 reais per investor, capped at 1mn reais over four years.A central bank rule change in December 2023 tightened access to the FGC, punching a hole in Master’s business model. A second rule change, approved in August, will require banks to contribute to the fund based on their risk profile starting in June 2026.The liquidation of Master could cost the FGC as much as 55bn reais ($10bn) if other smaller banks also fail, according to a person familiar with the matter. The fund would need to be replenished by Brazil’s largest banks.