Dean says he is not against rules for ministers, but rejects outside interference and says the subject was only discussed once with Edson Fachin
The dean of Federal Court (STF), Gilmar Mendesdeclared that he was not opposed to the possible creation of a code of conduct for ministers of the Courtbut clarified that any initiative of this type must arise within the court itself. The minister said the issue had only been raised once, in a direct meeting with the STF president, Edson Fachin.
Mendes said he sees no problem discussing this topic in the future, provided that the proposition is constructed by the members of the Supreme Court themselves. For the minister, rules imposed from the outside do not prosper in court. “The only thing I notice is that no proposal moves here if it is not built here,” he said in a conversation with journalists.
The dean also stressed that the legal system already provides clear criteria of impediment and suspicion in the codes of criminal and civil procedure. According to him, the creation of new rules could open the way to procedural maneuvers and attempts to influence the outcome of trials.
“No one is here to solve a case that is of their personal interest. We need to have a broader vision. If we continue to invent obstacles because of suspicion, in a short time I will obtain provisional majorities. I remove two judges from the group and, with three votes, I do what happens in the courts, you hire a parent to create an obstacle and the result changes,” he said.
The minister also downplayed criticism regarding the participation of members of the Court in private events. For him, there is no irregularity in this type of invitation, as long as there is no remuneration or inappropriate behavior.
“I think it makes no sense. I go to every event I can that invites me. I don’t get paid. I don’t have that concern that appears in the German code. I don’t think anyone will have inappropriate conversations at events. If someone is thinking about doing something wrong, they certainly won’t do it at events,” he added.
Fachin, in turn, is an advocate for the adoption of a code to regulate the presence of ministers at events sponsored by companies with cases before the Supreme Court and the institutional relationship with lawyers who work at the Court. The president is evaluating the possibility of using as a reference the model of the Federal Constitutional Court of Germany, which sets parameters both for participation in conferences and events and for behavior in private life.
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