After four months of discreet work as president of the Supreme Federal Court (STF), Minister Edson Fachin is struggling to stabilize the turbulent political environment surrounding the Court. The magistrate has already tried to resolve consecutive episodes of crisis between powers and has even faced disagreement with members of the Supreme Court itself.
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By creating bridges with the leaders of Parliament, Fachin is trying to overcome the sources of tension without making the STF’s discontents public. Internally, Fachin created unease among some of his colleagues by announcing the development of a code of conduct for members of the judiciary. This performance has been the target of criticism from a wing of the Supreme Court, which is demanding a more emphatic defense of the Court and its agenda.
Amid the latest tensions experienced between the STF and Congress, Fachin entered the field to discuss topics that generated conflicts with the President of the Senate, Davi Alcolumbre (União-AP), as well as with the President of the Chamber, Hugo Motta (Republicanos-PB).
For example, during the crisis generated by the preliminary decision of Minister Gilmar Mendes on the impeachment law, Fachin spoke by telephone with Alcolumbre to avoid reprisals. During the conversation, both also discussed actions that challenge the temporality of Indigenous lands.
Two weeks ago, Fachin had to face the discontent of the Chamber after an operation authorized by Minister Flávio Dino targeted Mariângela Fialek, former advisor to the former president of Casa Artur Lira (PP-AL).
The operation aimed to force parliamentary amendments and the official’s actions were identified as being at the heart of the alleged scheme. He denies irregularities and claims to have acted in a technical manner. The STF president also maintained telephone contact with Motta.
According to people close to Fachin, the dialogue with Congress yielded certain results. An example mentioned is the creation of conditions for the approval of projects of judicial interest, drafted by the Court, and which were pending, such as the adjustment of civil servants’ salaries. The text was sanctioned in part by President Lula, who approved the increase in 2026, but vetoed the salary increase in 2027 and 2028.
On the other hand, some of the ministers complain about Fachin’s too discreet behavior. According to a judge heard behind closed doors, the president of the STF “did not know how to diagnose the crises”.
In addition, some ministers point out that the president did not listen to the other members of the Court, also generating internal attrition. This perception, according to these members, was aggravated by the discussion around the creation of the code of conduct.
For one wing of the STF, Fachin’s initiative was made public at a bad time for the court’s image, revealing that Minister Dias Toffoli was traveling by private jet with a lawyer involved in the Master bank affair.
Court members note that there has been a lack of coordination with their colleagues on the issue, leaving the Court highly exposed at an already delicate time. Internally, there is concern that the development of the code will provide arguments to Congress and weaken the image of the STF, revealing possible differences between ministers at a time when the Court strives to maintain cohesion after the response to the undemocratic acts of January 8, 2023 and the conviction of former President Jair Bolsonaro and his allies in the coup plot.
The ministers also point out that the timing of the debate is inappropriate, since the Senate is analyzing an update to the impeachment law – a sensitive subject that coincides with demands for the dismissal of members of the Court, pushed by Bolsonaro’s supporters.
In addition, an investigation circulating in the offices of the Supreme Court affirms that there is no regulatory gap in Brazil that justifies the adoption of a new code of conduct modeled on that adopted in Germany, which is one of Fachin’s inspirations.
The document compares the principles of the Code of Conduct of the German Constitutional Court with the rules already in force in the Brazilian legal system and concludes that the values of independence, impartiality and integrity of the judiciary are covered by the laws and resolutions in force.
On Monday, the dean of the STF, Gilmar Mendes, estimated that the adoption or reformulation of a code of conduct for the judiciary will have to be constructed within the Court, otherwise it will tend to fail. For Gilmar, the topic took on artificial contours and turned into a disproportionate controversy. He considers the insistence on discussing behaviors such as the presence of magistrates at public events or meetings with lawyers to be a “waste of time”.
The initiative to establish rules for magistrates, however, received praise from former ministers who also presided over the Court and the presidents of the Superior Court of Justice (STJ), Herman Benjamin; Superior Labor Court (TST), Luiz Phelippe Vieira de Mello Filho; Superior Electoral Tribunal (TSE), Cármen Lúcia; and Superior Military Tribunal (STM), Maria Elizabeth Rocha.
Despite recent revelations, the code of conduct is a project that Fachin would like to implement even before becoming president of the Supreme Court in September.
The ministers recall that Fachin’s way of acting alone, unaccustomed to associating with other colleagues and more inclined to listen to his immediate team, is one of the factors responsible for attrition.
To try to break internal impasses and complaints about the lack of dialogue, Fachin organized lunches with ministers from the presidency.
Last week, he held the last edition of these meetings of the year, which have taken place three other times since he took over as head of the court. All current members of the Court were invited, but ministers André Mendonça, Nunes Marques, Dias Toffoli and Cármen Lúcia were absent. Retired ministers Carlos Velloso, Joaquim Barbosa, Ayres Britto, Ricardo Lewandowski and Luís Roberto Barroso also participated.
The judicial interlocutors believe that despite the current unease, the judicial holidays should contribute to an improvement in tensions. Furthermore, they emphasize that the idea of the code of conduct should be suspended indefinitely.
During the crisis linked to Gilmar Mendes’ preliminary decision on the impeachment law, Fachin sought to dialogue with the President of the Senate to contain tensions. The subject is considered sensitive within the STF, as it coincides with political pressure and demands for the dismissal of ministers.
Fachin’s proposal to create a code of conduct in the judicial system has generated internal attrition within the STF. Ministers criticize the lack of articulation and believe that the initiative has exposed the Court at a sensitive moment. For part of the Court, the debate deepened internal divisions.
Fachin also faced a reaction from the Chamber after an operation authorized by Flávio Dino to investigate the direction of the parliamentary amendments. The investigation affected a former adviser linked to the top of the House, demanding a new round of dialogue with Parliament.
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