Entity from São Paulo sees institutional progress in proposal that creates specific rules for ministers of higher courts
The São Paulo section of the Brazilian Bar Association expressed support for the initiative of the president of the Federal Supreme Court (STF), minister Edson Fachin, who defends the creation of a specific code of conduct for magistrates of higher courts — including the Court itself. The proposal, inspired by models adopted in constitutional courts in other countries, such as the Constitutional Court of Germany, seeks to establish clearer parameters for the actions of ministers outside the institutional environment.
In a statement, the OAB-SP and its Study Commission for Judiciary Reform highlighted that the measure can strengthen ethics and institutional security in the Justice system. The entity also informed that it is preparing its own contribution on rules of conduct, as part of a broader set of proposals aimed at improving Brazilian Justice.
Created in July 2025, the commission brings together former presidents of the STF, former ministers of Justice, representatives of academia and former directors of the OAB itself. Among the names are Ellen Gracie, Cezar Peluso, José Eduardo Cardozo, Miguel Reale Jr., Oscar Vilhena and Maria Tereza Sadek. The group intends to present guidelines for structural reform of the Judiciary by the first half of 2026.
Fachin’s initiative, however, faces internal resistance. Some of the Supreme Court ministers, especially from the wing considered more guaranteeist, have expressed discomfort with the possibility of imposing limits on participation in private events — one of the points that should be part of the new code.
Currently, there is already a Code of Ethics for the Judiciary, formulated by the National Council of Justice (CNJ), but it does not apply to the STF or other higher courts. Fachin’s proposal, therefore, seeks to fill this institutional gap.
