Flávio Bolsonaro, who holds a Senate seat representing Rio de Janeiro and has positioned himself as a conservative candidate for the presidency, gave no answer when asked on the afternoon of 16 October whether Supreme Court justice Kassio Nunes Marques warranted an investigation. Questions about text messages connected to banker Daniel Vorcaro came up during a broadcast interview, with the exchange taking place roughly nine days ahead of the 2026 Brazilian presidential runoff vote.

At the broadcaster's Rio studios, the candidate sat down for an interview with journalist Renata Lo Prete. Heading the electoral court known as the TSE — the institution responsible for administering the runoff scheduled for Sunday, 25 October — falls to Nunes Marques alongside his other duties.

The question of judicial independence — and whether it carries electoral weight — has resurfaced around a court appointee of former president Jair Bolsonaro, who is also the father of Senator Flávio Bolsonaro.

When reporters put the question of Nunes Marques to Flávio, he replied that no one stands above the law and that its provisions apply equally to all. Law 1,079 of 1950 — the statute laying out grounds for impeachment proceedings — was invoked in the argument, alongside the position that any Supreme Court justice found to have violated the law bears responsibility for those actions. Following that, he put forward the claim that Moraes had been targeting political opponents of the administration.

Text messages recovered from the device belonging to Vorcaro — who founded Banco Master — point to a recurring monthly transfer of R$500,000 (roughly US$99,000 at an exchange rate of 5.07 reais to the dollar) directed toward Kevin Marques, an attorney who is also the son of the justice. Nunes Marques has stated that no messages passed between him and Vorcaro at any point. Following the publication of those messages, he notified the court that he would not take part in any vote on whether to open an inquiry into Moraes.

Flávio has thrown his support behind both a formal investigation into Moraes and a push to remove him from office, pointing to allegations connected to the same banker. His position on Brazil's Supreme Court has made Moraes a recurring target of criticism from Bolsonaro's base. The candidate contended that Moraes had operated along partisan lines, favouring President Luiz Inácio Lula da Silva while directing pressure at those who opposed the government. No supporting material for those assertions was put forward during the course of the interview.

Among the commitments filed with the electoral court, Flávio's platform calls for curtailing the practice of individual rulings handed down by Supreme Court justices acting alone. Among the provisions under consideration would be a reassessment of the tribunal's authority to hear criminal proceedings brought against members of the legislature. Under the proposal, family members of sitting justices would be barred from appearing before the court as legal counsel.

Polymarket participants assigned Flávio Bolsonaro roughly 77.8% odds of prevailing in the 25 October runoff, with Lula's prospects pegged at 22.5%, as of 9:54 p.m. ET on 16 October. Wagering on the outcome of Brazil's presidential contest has accumulated a pool of roughly US$185.1 million across all placed bets.

Whether a formal inquiry into Nunes Marques will be opened — by prosecutors, the Supreme Court, or any other body — remains an open question. Those communications represent findings extracted from Vorcaro's phone, and no judicial ruling has yet addressed their status. As of now, the question remains untested by any polling.