The proposal by the president of the (Supreme Federal Court), to draw up a Code of Conduct for court ministers faces internal resistance, even before being formalized.
A group of ministers has questioned the timing of these standards being discussed publicly. The concern arises especially because an update to the Impeachment Law has been analyzed, which will define new rules for opening processes that lead to the deposition of authorities.
Magistrates remember that the discussion of the proposal coincides with the presentation of impeachment requests against ministers and that, already in the pre-campaign, supporters of former president Jair Bolsonaro are asking for votes with the promise of removing them from office.
In the words of a member of the court, debating a code of ethics would mean giving arguments to Congress against the STF at a delicate moment. This is because it would make it possible to raise debates about the actions of judges to be questioned based on the document.
The code of ethics would need to be approved in an administrative session of the STF to become effective. As the text must have at least six votes from the court, a debate on the material could expose internal differences, weakening the image that is under attack by Bolsonarists.
Exposing an internal division would also be a break in the image of cohesion that the court sought to cultivate during the administration of Jair Bolsonaro (PL) and in the response to January 8 and the coup plot, an action that led to the former president’s conviction.
The progress of the proposal in Congress was a response to the dean’s decision to grant the Attorney General of the Republic the power to request the impeachment of STF ministers.
Gilmar’s decision was considered one and caused a strong reaction in the Legislature, mainly in the Senate. The House is responsible for conducting impeachment proceedings against members of the court.
Fachin’s idea is to approve these new guidelines on two fronts: at the Supreme Court itself, with rules that would apply to court ministers, and at the (National Council of Justice), with effect on the country’s other courts.
The topic has been a priority for Fachin since before assuming the presidency. The minister has been thinking about ways to carry out the project since at least the middle of the year. He took office in the highest position in the Judiciary on September 26th.
There is still no final text on the topic, but the document must be inspired by the rules of the Federal Constitutional Court of Germany. Among the standards to be defined are transparency in the funds received at events and also in relationships with people and private entities.
The discussions between the STF and the CNJ have different natures, precisely because the CNJ does not have the power to impose rules on the Supreme Court. Furthermore, the Council is thinking about a broader conduct guidance model on integrity, ethics, governance and transparency for the judiciary.
To date, the group established by Fachin, with 23 members, has only held one meeting, at the end of November. Members must debate topics such as judges’ remuneration, lobbying and conflict of interests.
