The STF silent bench

Strange bench. It manifests itself through the ectoplasmic cover of the off, through which his opinion is revealed, but his identity is preserved. This is how the news appeared that Fachin was isolated in the code proposal. Okay, maybe most ministers don’t like the idea, but they don’t stick their faces in the window. Unless I’m mistaken, the only public resistance came from Minister Alexandre de Moraes, however, in a 2024 speech:

— I don’t think there is any need, because the ministers of the Supreme Court are already guided by the ethical conduct determined by the Constitution.

Among the five former presidents of the STF who defend the advisability of a code of conduct (Rosa Weber, Celso de Mello, Ayres Britto, Marco Aurélio Mello and Carlos Velloso), none has distinguished himself by his presence in the farofas. A sign that this vulnerability is recent, stimulated by arrogant exaggerations.

• Malu Gaspar: Former STF presidents support the code of conduct defended by Fachin

First, the behavior of traveling on corporate jets to attend football matches has become natural. Then he left, traveling with the lawyer of a bankrupt banker. Nobody knows where this liberality will stop, because, as Alexandre de Moraes would say, it is absolutely not necessary since the Constitution has already dealt with the “ethical conduct” of ministers.

The succinct Constitution proposed by the historian Capistrano de Abreu said:

— Article 1: Every Brazilian should be ashamed of himself.

Article 2: All contrary provisions are repealed.

The adoption of a code of conduct deserves to be discussed openly, with first and last names. Vacations, loved ones and dangerous relationships cannot be preserved in the darkness of Brasilia. It will never be too much to repeat the lesson of Louis Brandeis (1856-1941), of the Supreme Court of the United States: “Sunlight is the best disinfectant”.

• Gilmar says code of conduct will need to be discussed within STF: ‘What comes from the outside doesn’t work’

The silence of judges uncomfortable with the code of conduct is the most blatant sign of its convenience, not to say its necessity. The image of the Supreme Court is undergoing an unfortunate erosion. There was a time when the Supreme Court was known for its decisions. Today, reports dealing with questionable behavior are more frequent.

Ministers Edson Fachin and Cármen Lúcia are advocates of the adoption of a code of conduct. They will probably be accompanied by three other colleagues. It is true that at least three hate the idea of ​​limitations on their own conduct.

Fachin took care to protect himself by raising the possibility of drawing inspiration from the code of the German Constitutional Court. He did not mention the American court. Could be able. Since the great Antonin Scalia went on a rampage, the Supreme Court has ignored the judgment on his conduct. Justice Clarence Thomas has a wife who paints and embroiders. Not to mention that since 1991, when he won the seat, he rarely opened his mouth, even in secret meetings.