Fachin assumes presidency of the Supreme Court and signals containment of the Court

The inauguration of Minister Edson Fachin in the presidency of the Supreme Federal Court (STF) on Monday will represent a change of style in charge of the agency. Fachin has a more discreet stance than his predecessor in office, Luís Roberto Barroso, and should act for a containment of the STF’s performance.

Behind the scenes of the court, the inauguration ceremony indicates the institutional tone he intends to give to his presidency, without party and serving only coffee and water. The national anthem will be sung by the court choir. Fachin even accompanied a group rehearsal and delivered the invitation personally. In possession of Barroso, the task was from Maria Bethânia.

Entities linked to the judiciary tried to promote a reception in honor of the new chief of the judiciary, as traditionally occurs, but he declined.

Three months ago, the minister stated that “it is not legitimate” that the STF invades the “area of ​​the legislator” and that it is necessary “containment” in the performance of justice.

“It is up to the Judiciary, and especially to this Court, to protect fundamental rights, to preserve constitutional democracy and seek the efficiency of Brazilian justice. To do so, we need restraint. It is not legitimate to invade the legislator’s area,” he said.

Days later, he gave an example of this thought by diverging from the majority and voting against expanding the accountability of social networks for published content. The argument was that it would not be for the judiciary to change the regulation of the sector.

The expectation in the Supreme Court is that it maintains a firm performance in the defense of the court in the face of possible attacks. Fachin will take over the Supreme Court at a time of sanctions by the United States government, in response to the conviction of former President Jair Bolsonaro (PL) for attempted coup.

The vice president of the Supreme Court will be Minister Alexandre de Moraes, the main target so far of American sanctions. The double reissues the partnership formed at the Superior Electoral Court (TSE) in 2022, when both faced pressures for the adoption of the printed vote and led actions against misinformation.

Fachin inaugurated the institutional front to combat fake news in the electoral process. The potentially polarized 2026 election should place the Supreme Court again at the center of the political debate.

Lava-Jato and slums

The minister has already signaled concern for attempts at democratic erosion and highlighted, in a recent event at the National Council of Justice, the role of Brazil in the fulfillment of international human rights treaties.

“We live in times of apprehension, with attacks on judicial independence in America,” he said in August.

Nominated by then -President Dilma Rousseff, he has been in court for ten years after facing resistance in the Senate – he was approved with the tighter score until then (52-27), a brand surpassed later by André Mendonça.

The resistance occurred due to its connection with social movements and leftist groups. Fachin later gained prominence by inheriting the rapporteur of the processes of Operation Lava-Jato in 2017. His votes favorable to the operation and negative to today President Lula’s candidacy in 2018, however, made him the target of criticism from the left as well.

In recent years, the minister has been overcome in the following judgments in which the Supreme Court has annulled the Lava-Jato convictions. Upon taking command of the Court, Fachin will no longer be the rapporteur of proceedings from the operation, a function that will be inherited by Barroso. As ministers have a history of alignment in criminal matters and similar positions in the Car Wash, the exchange should not represent a turn in the actions.

There are still some cases involving the Car Wash in the Second Class. One of them concerns Odebrecht and J&F executives’ allegations, one of the lawsuits impacted by decisions that canceled acts of the prosecutor. In 2024, Minister Dias Toffoli annulled all Lava-Jato acts against businessman Marcelo Odebrecht, which led to requests for extension of the decision.

Fachin was also the favela ADPF rapporteur, who imposed rules for police operations in Rio de Janeiro favelas. In this trial, he settled in part of his vote to achieve consensus among the ministers.

In his first session as president, on Wednesday, Fachin will start the agenda with actions that discuss the possibility of recognition of employment between application drivers and platforms. One is reported by the minister himself, who chose to keep the case under his responsibility even in the presidency.