With a commission installed to discuss the reform of the judiciary, the OAB-SP (ORDER OF THE STATE OF SÃO PAULO) It intends to elaborate a code of conduct to be followed by all Brazilian magistrates, regardless of the instance in which they operate.
In an interview with CNNthe president of OAB-SP, said that there are no clear rules for the performance of the magistrates and that the current norm is very abstract.
By suggesting a discussion for the elaboration of a Code of Conduct, Sica points out that the proposal should cover all magistrates of the entire Brazilian judiciary.
“These are rules that guarantee that the judge or judge are judging the cases far from the parties,” he said.
In the assessment of director of FGV Law São Paulo, the Code of Conduct shall correct acts of magistrates who can generate a perception of bias.
“We do need a code of conduct that makes clear the independence and impartiality of the Supreme,” he said in an interview with CNN.
Currently, the conduct of the magistrates must follow the rules defined by the Code of Ethics of the Judiciary, which was instituted in August 2008. In addition, the behavioral parameters of the magistrates are also provided for in LOMAN (Organic Law of the National Judiciary) by Federal Constitution.
O CNJ (National Council of Justice) Regulates in Resolution No. 60 that expects magistrates to follow principles such as independence, impartiality, knowledge and training, courtesy, transparency, professional secret, prudence, diligence, professional and personal integrity, dignity, honor and decorum.
Judiciary Reform
The OAB-SP Commission discusses to prepare proposals for the judiciary’s reform was instituted on June 23. The group established five axes of debates: slowness, integrity, access to justice, stability and the Federal Supreme Court.
The commission has nine members: the retired ministers of STF Ellen Gracie and Cezar Peluso; Former Justice Ministers Miguel Reale Jr. (Fernando Henrique Cardoso government) and José Eduardo Cardozo (Dilma Rousseff Management); jurists Alessandra Benedito, Maria Tereza Sadek and Oscar Vilhena; and former presidents of the national OAB, Cezar Britto, and São Paulo sectional, Patricia Vanzolini.
There is no fixed frequency of meetings, according to the entity, but the expectation is that the group will meet monthly, depending on the themes and needs of the members.
After discussing the changes and listening to collaborations from the sectors of the company, the Commission must prepare proposals for the reform of the judiciary.
A draft law proposal will be taken for debate in the National Congress in early 2026. Another text will be presented to the judiciary sector.
*Posted by David Vittorazzi
