Next President of the Court defends the “containment” and the “silent and effective” performance of the judiciary in a speech about its 10 years as minister
The Minister of (Supreme Federal Court) Edson Fachin defended on Monday (16.Jun.2025) the separation between the powers and an action of the judiciary based on “Containment”.
“It is not legitimate to invade the legislator’s area. Respect for the dissension and democratic coexistence are also lessons for all powers and all institutions.”said Fachin at an event to launch a book in honor of his 10 years at court.
Nominated for the Supreme Court in 2015 by the former president (PT), Fachin stated that the court should be “Silent and effective” in the protection of fundamental rights, the preservation of democracy and in the pursuit of the efficiency of Brazilian justice.
Remembering his time at court, Fachin said the world experienced many changes and stated that June 16, the date of his inauguration, “It’s a day to renew the call to rebuild and relearn”.
Said that despite the times “Rough” where “The boundaries between civilization and barbarism seem tenuous”magistrates must act according to the “Objective legal reason” and avoid being seen as “Satellite of the polarization that today plagues the world”.
“To law what is law, to politics what is politics”said the minister to emphasize that the Court should not give in to personal wills or party pressures.
Since 2024, the STF and Congress have starred a series of clashes for court decisions. The most recent was the decision of Minister Flávio Dino about an alleged “New Secret Budget of Health”. Deputies with the decision and the mayor (Republicans-PB) would have said that he would not guide any government project if the magistrate re-block the funds.
Dino, in turn, even said in plenary session that the relationship with Congress is “difficult” and that one “Order for parties to talk about amendments became institutional crisis”.
The event was attended by STF Minister Dias Toffoli, Attorney General Paulo Gonet and Union Attorney General Jorge Messias. Fachin will take office in September when he assumes the place of Roberto Barroso.
Finally, the minister argued that it is a magistrate’s duty to defend justice and fundamental rights, but also the environment, the indigenous and quilombolas, and the social and economic order, “Everything as it is in the Constitution, nothing more, nothing less”.
