The minister of the (Supreme Federal Court) stated this Friday (24) that the legitimacy of judicial decisions depends on the proximity between the judge and the “sentiment of the people”.
In a lecture at Fenalaw, a legal fair held in São Paulo, he also defended the virtualization of Justice and treated the speed of the electronic process as “compliance with “.
“The Judiciary is accountable to society and the closer it comes to the people’s constitutional sentiment, the more a decision becomes democratically legitimate and the more it will be respected,” said the minister, making reference to the German jurist
When he indicated that, Fux stated that “underneath the toga beats a man’s heart”. He was also the only vote against the First Panel of the STF to the conviction of the former president for an attempted coup d’état.
On Tuesday (21), he asked the president of the STF to The maneuver was possible after the retirement of . Without providing any motivation for the request, Fux did not comment on the fact and left the event without speaking to the press.
The president of the group that will now house Fux is the minister. Recently, both were involved in a speech behind the scenes of the court, and Gilmar called his colleague “”. The change of fractional body also casts doubt on cases still pending judgment.
Fux’s lecture on Justice in the digital age opened the last day of the event that brings together law firms, legal software companies and entities such as the (Brazilian Bar Association).
He also spoke about the limits he sees for applying legal tools. For the minister, the “machine” does not take the place of human activity. “Sentence comes from feelings. You can’t replace that,” he said.
Fux commented on the importance of respecting judicial precedents and legal predictability. “The judge’s independence is in favor of the people. He is not independent to give the solution he wants and then brag about it”, he stated.
For the minister, the efficiency of the Judiciary is related to the economic analysis of law — a school of legal thought that is based on the application of concepts and tools from economic theory to the functioning of legal institutions. He states that Justice must be “necessarily efficient” today.
In this sense, he defended his time as president of the Supreme Court, currently occupied by Fachin. Fux’s tenure coincided with the Covid-19 pandemic. “There was a disruption that required a lot of preparation from us. Not only in relation to the reduction of the collection, but also a lot of savings were made in terms of energy and rooms”, he said.
Following economic logic, Fux also defended the possibility of increasing procedural costs in appeals as a tool to inhibit “predatory litigation”. “This could dissuade those people who have a fetish for the process to go to the Supreme Court. They just don’t know when this process will come back”, he joked.
