The proposal by the President of the STF (Federal Supreme Court), Edson Fachin, to develop a code of conduct for the Court’s ministers faces internal resistance, even before being made official.
A group of ministers questioned the timing of these standards being discussed publicly. The concern comes in particular from the fact that the Senate has analyzed an update of the impeachment law, which will define new rules for the opening of processes leading to the dismissal of authorities.
The magistrates recall that the discussion of the proposal coincides with the presentation of requests for dismissal against ministers and that, already in the pre-campaign, supporters of former President Jair Bolsonaro are demanding votes with the promise of dismissing them.
According to one member of the Court, debating a code of ethics would amount to presenting arguments against the STF to Congress at a delicate moment. Indeed, this would make it possible to spark debates on the actions of judges who would be questioned on the basis of the document.
The code of ethics would need to be approved at an administrative session of the STF to come into effect. As the text must receive at least six votes from the court, a debate on the content could reveal internal differences, weakening the image attacked by the Bolsonarists.
Revealing an internal division would also constitute a breakdown in the image of cohesion that the court sought to cultivate during the administration of Jair Bolsonaro (PL) and in the response to January 8 and the coup, an action that led to the conviction of the former president.
The advancement of the proposal in Congress was a response to the decision of Dean Gilmar Mendes to restrict the power to request the dismissal of STF ministers from the Attorney General of the Republic.
Gilmar’s decision was seen as a shield for the magistrates and provoked a strong reaction in Parliament, mainly in the Senate. The Chamber is responsible for conducting impeachment proceedings against members of the tribunal.
Fachin’s idea is to approve these new guidelines on two fronts: at the level of the Supreme Court itself, with rules that would apply to court ministers, and at the CNJ (National Council of Justice), with effects on other courts in the country.
This subject was a priority for Fachin even before becoming president. The minister has been thinking about how to carry out the project since at least the middle of the year. He took office at the highest post of the judiciary on September 26.
There is no definitive text on the subject yet, but the document must be based on the rules of the Federal Constitutional Court of Germany. Among the standards to be defined are the transparency of funds received during events but also in relationships with individuals and private entities.
The discussions between the STF and the CNJ are of a different nature, precisely because the CNJ does not have the power to impose rules on the Supreme Court. In addition, the Council is considering a broader model of conduct regarding integrity, ethics, governance and transparency for the judicial system.
To date, the group formed by Fachin, made up of 23 members, has only met once, at the end of November. Members are expected to debate topics such as judicial compensation, lobbying and conflicts of interest.
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