If Minister Edson Fachin manages to get his colleagues to agree to submit to a code of conduct, this will have marked his time as President of the Federal Court. It won’t be easy.
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The week that Minister Gilmar Mendes decided to protect his colleagues, we learned that his colleague Dias Toffoli had gone to Peru to attend the Libertadores final. He was traveling on a businessman’s plane, in the company of lawyer Augusto de Arruda Botelho, descendant of Barão do Pinhal, hired by Luiz Antonio Bull, compliance director of Banco Master. Four days later, the minister issued a secrecy order over the process and determined that new investigations must first go through his review.
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Daniel Vorcaro, the famous owner of the Master, had a weakness for events, particularly those he sponsored abroad, hosted by notables of the Republic. The plane that took Toffoli to the football match shows that the bank is gone, but its style survives.
A code of conduct intended for ministers of the Supreme Court would have the merit of serving as an example for other magistrates, senior executive officials, but also journalists.
This code would certainly take care of treats like the jet to Toffoli and two minefields: the lectures and the farofas on the Elizabeth Arden circuit.
No one can prevent a magistrate from giving a lesson, even on the misfortune of Palmeiras. Everything would be clearer if the speaker published on the Internet how much he charged, where he spoke and who paid.
The same would apply to farofas, including the origin of paganini transportation and accommodation. This rule is strong and does not apply to the US Supreme Court. The brilliant minister Antonin Scalia died in 2016 during a farofa. If the Brazilian court adopts it, it will rid itself of a burden. It should be noted that a considerable number of magistrates operate within these limits. When Toffoli does one, he stands out more through his conduct and benefits from a visibility that is not granted to the quality of his votes.
Access to ministers is valuable. When he was Minister of Justice, from 1937 to 1942, Francisco Campos found himself harassed by a gentleman who insisted on inviting him to lunch. One day he accepted, but sent his aide-de-camp.
The majority of ministers of the Supreme Court speak little, do not lash out and do not select their speeches. How to select them? Just follow the lesson of Potter Stewart (1915-1985), of the Supreme Court of the United States:
— I don’t know how to define pornography, but when I see it, I recognize it.
It would be healthy for the Supreme Court to debate the protection itself with a proposed code of conduct. The shield would show that only the attorney general can open proceedings to dismiss a minister. Bad game, but it would be a played game. The code of conduct would inform the distinguished public of what protected ministers agree not to do.
Thanks to the smell of brilliantine, the armor will thrive. The code of conduct, who knows?
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