The Federal Court fulfills its duty when it approves the actions of Minister Flávio Dino who prosecutes parliamentarians who violate the requirements of transparency and absolute accuracy in the use of budget amendments.
Part of the court, however, prefers that others do what the judges say, but leave them free to do what they want. This is evident from the resistance to the creation of a code to regulate conduct in the exercise of judicial power.
There are explicit manifestations – that rules are useless because everyone takes care of themselves and everyone knows how to stay in line – and there are the implicit contradictions of those who argue the thesis in private and remain silent in public.
The reactive environment within the court led Edson Fachin, president of the court, to propose the institution of the code through the National Council of Justice. This alone should awaken among colleagues a hint of awareness and perception that there is an urgent need for a change of direction.
But no. The collegiate has so far avoided adhering to Fachin’s proposal, apparently clinging to the argument that the Constitution, internal regulations and individual morality do not require the institution of a manual. Inspired by what exists in Germany, its guiding principle would be the application of daylight to the conduct of magistrates.
Through the voices and actions of certain ministers, the Supreme Court believes it has the right to forge the civilizing character of society. He is diligent in his mission to adapt everyone to the precepts of the Constitution. However, they do not adjust to themselves, their loved ones, their friends, their party partners and always act lax in terms of relationships, entertaining and general flattery.
I dispense with the list of known examples and ask three questions: what harm could clear rules cause? Would not the demands for the dismissal of ministers also be motivated by a distrust resulting from the adaptation of the concept of ethics to personal convenience?
To conclude: what are excellences afraid of?
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