The rise of the minister to the presidency of the (Federal Supreme Court) marks the beginning of a cycle in which the five presidents of the higher courts are and averse to.
The new composition of the Judiciary Summit must have an impact on the behavioral of the courts of the courts, with speeches against and less public appearances outside the cuts.
The quintet, however, will face a complex scenario to advance in prominent guidelines, such as the current and the supersalaries of judges.
Fachin took office as new president of the Supreme on Monday (29). The position also guarantees to him the command of the (National Council of Justice), the body responsible for the administrative and financial control of the judiciary.
He joins the current summit of the higher courts, whose presidents are (), (), (TST) and (STM).
The new president of the STF has a discreet and conciliatory profile. He refused invitations from judiciary associations for major commemorative events of his arrival at the highest position of the judiciary. In return, he decided to serve only water and coffee at his inauguration ceremony.
Fachin has told Supreme Ministers that he intends to dedicate his two years of management to internal affairs: definition of agenda and construction of consensus in processes.
The minister also began his management with a symbolic gesture: he gave to the defense of the vulnerable possession of what granted to the (Attorney General’s Office), charged with the accusation in criminal proceedings.
For the first time in history, the (Public Defender’s Office) was called upon to occupy the table of the authorities, along with the ministers of the Supreme, the President of the (Brazilian Bar Association) and the Head of.
Another example that Fachin intends to lead to the STF is that of austerity. The intention to reduce spending and contain salaries should bump into the difficulty of getting a majority in the National Council of Justice for unpaid measures among judges.
The same theme was raised by Vieira de Mello Dias before taking office as new president of TST, on Thursday (25). “Is the judge’s role so difficult today that all the time has one more thing?” He said during a session of the Superior Council of Labor Justice.
The board analyzed a request from the National Association of Labor Justice Magistrates for the payment of compensatory license for substitute judges, with retroactive amounts of the last ten years.
“That we have to be well paid, okay. But who is gaining badly? The question is that. It’s not what I see and I have no complaint about anything. But we need to be cautious. The recipient of it is society, the jurisdiction. We need to be aware of what we are postulating and discussing here,” he said.
A similar position was defended by Herman Benjamin, president of the STJ ,. “The judiciary is not a career for those who want to be rich, famous and or who do not like to work […]. Wanting to be recognized on the streets, getting involved in controversy or having exaggerated proximity to the political class is incompatible with the judiciary, “he said.
Fachin is one of the few ministers who have denied a space for labor justice companies to resolve their processes directly in the Supreme – which results in weakening labor justice and concentration of powers in the Supreme Court.
Fachin’s position is minority in the Supreme. The strengthening of specialized justice, desired by the new president of the Supreme Court, must be settled with the position consolidated in trials in the court that loosen labor relations.
The Supreme Minister will also have the challenge of reconciling his court’s self -restarting speech with the defense of the Court’s independence, in the face of internal and external attacks.
In August, Fachin criticized the sanctions applied by the government of the United States against the minister and spoke in the challenge that without the action seeming cowardice or omission in the face of the demand for the defense of constitutional principles.
“The Supreme must exert strategic containment, intervening to protect democracy, but not to govern it. Brazilian constitutional history teaches us that the role of the court is to open the way for inclusion, not to close them in the name of the institutional comfort of few,” he said.
The minister also said that ” [na autocontenção] that seems to escape, not so slow that it seems cowardly. “
Carmen Lúcia (TSE) and Maria Elizabeth (STM) also cultivate the discretion and defense profile of institutionality. These are the two main activists in the higher courts for the choice of women for the high positions of the judiciary.
The presidents of the higher courts are in their duties for two years and are chosen by the seniority criterion. The composition of the five ministers should be changed from June 2025, when Nunes Marques assumes the TSE command.
