Talking judge loses legitimacy, says STJ president

For Herman Benjamin, magistrates must be restrained in their relationship with the press

The president of the (Superior Court of Justice), 68 years old, told the Poder360 that magistrates must be restrained in public and in their relations with the press. Assess that “talking judge loses some of his legitimacy”.

The magistrate had been questioned about the fact that he gave few interviews. He responded as follows: “I think that we, judges, have to be very restrained. A talking judge already demands a little of your legitimacy. But, as head of the institution, from time to time, it is important to have this contact because this is a court that has national relevance.”

Read other highlights from Herman Benjamin’s interview with Poder360 on Thursday (Dec 4, 2025):

  • representation in the STJ “The biggest difficulty we have faced to date is the STJ’s inability to have the face of Brazilian society on its board of ministers. There are 33 of us and only 2 black people. There are 6 women. In the STF, ministers can blame the president […] At the Superior Court of Justice, we are the ones who choose. It is our responsibility to have only 2 black people and 6 women. We cannot outsource this responsibility”;
  • investigation for sale of sentences“It would be utopian to imagine that the Superior Court of Justice, with more than 5,000 employees, did not have a few incapable of behaving in accordance with the ethical standards that are required […] It is important to emphasize that there are very few of them. And these few do enormous damage. The overwhelming majority of STJ servers are some of the best in Brazil”;
  • judges’ salaries“Justice depends on the quality of judges. And, as a Brazilian, I want Brazilian judges to come from the best universities and for us to compete with the biggest Brazilian law firms […] If we want to pay, or better said, remunerate and compete with the best and biggest offices in Brazil, then the salary standard will be this. Because we live in a capitalist society where there is competition. And the Judiciary competes with large law firms”;
  • Edson Fachin“He is someone I take as a model. As a teacher, as a jurist, as an extraordinary mind for thinking about Brazil’s big problems […] I didn’t know about [Herman Benjamin foi a autoridade com quem Fachin mais se reuniu no seu 1º mês à frente do STF]but I hope that in the end, until the end of my administration, I will be by far the one who has been with him the most, because it does me good as a person, as a judge, to debate topics with him”.
  • COP30“COP30, when compared to the previous ones, could be called a miracle. Because, firstly, it occurs at a time of global dismantling, of almost absolute truths that informed all other COPs. At the same time, of the dismantling of multilateralism […] Miraculous COP also because for the first time it took place not just to discuss the forest, but in the middle of the forest. Miraculous COP for being organized by a country that had recently refused to hold another climate COP on the grounds that it would be throwing money away”.
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Sérgio Lima/Poder360 – 4.dec.2025

“I think we, judges, have to be very restrained. Talking judges already ask for some of their legitimacy”, said Herman Benjamin

WHO IS HERMAN BENJAMIN

Herman Benjamin took office as president of the STJ on August 22, 2024. He is born in Catolé do Rocha (PB). He was appointed to the Court by (PT) in 2006. Before becoming a minister, he was with the Public Ministry of São Paulo for 24 years.

Benjamin’s office is decorated with several images from (1944-2025). In a post published on the STJ website in August 2024, the photographer praised the judge: Herman is a person with unusual human and ethical qualities. His biggest concerns, without a doubt, are environmental, human and social.”.

The photo of Salgado that Benjamin likes most is framed in the cabinet. It shows the Jaú River, the forest in the background and the reflection in the water. It can be turned upside down and it remains the same. I think it shows the duality of lifehe explained.

Copyright

Sérgio Lima/Poder360 – 4.dec.2025

In the image, the president of the STJ, Herman Benjamin, in his office; In the background, your favorite photograph of Sebastião Salgado

Benjamin has a habit of drinking tea. Make a point of offering it to your guests. He declared that he only drinks “herbal tea”. On Tuesdays and Thursdays, pineapple, ginger and sugar tea is served at STJ. It became popular with ministers and advisors, but this tradition did not come from Benjamin. It appeared in presidency of Humberto Martins, from 2020 to 2022.

He is part of the Special Court, formed by the 15 oldest ministers of the STJ. The judge was also part of the TSE (Superior Electoral Court). He gained prominence in 2017 when he reported and voted for the request to revoke the ticket of Dilma Rousseff and Michel Temer. It was a defeated vote.

The judge has a degree in law from the Federal University of Rio de Janeiro. He has a doctorate from the (Federal University of Rio Grande do Sul). Throughout his career, he specialized in environmental law and consumer law.


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