The Code of Conduct defended by the president of the STF (Supreme Federal Court), Minister Edson Fachin, should remain until 2026, despite frequent and recent discussions on the topic in the Court. The Judiciary went into recess this week and there is still no consensus among Supreme Court ministers on the content of the proposal.
During the closing speech of the judicial year last Friday (19), . “Dialogue will be the basis of this debate”he stated.
In the same statement, the minister indicated that the topic should return to the agenda next year. “For 2026, I believe we have a meeting scheduled with some relevant topics, among them: guidelines and standards of conduct for the higher courts, the judiciary in all instances and the Federal Supreme Court”, he said.
As found out by the CNN BrazilFachin has been talking to colleagues at the Court, including retired ministers, to try to construct a text that will gather consensus among the members of the STF.
At the beginning of his term as president, in October, he also discussed the matter with presidents of higher courts, who were in favor of the proposal. The idea is that the code is valid for the entire judiciary, and not just for Supreme Court ministers.
The plan is to also take the text to a vote at the CNJ (National Council of Justice). The expectation is that the process in the Council will be faster, given the consensus that already exists there around the proposal.
The STF, however, is not subordinate to the CNJ and, therefore, eventual approval by the body does not guarantee that the Supreme Court ministers will follow these rules, and approval is also required in an administrative session of the Court. This should take longer.
The code being drafted is inspired by the model of the German Supreme Court, but must be adapted to the Brazilian reality.
It is also influenced by existing codes in the United States, Canada and England. The rule does not provide for formal sanctions and aims to guide ministers and magistrates on standards of decorum and conduct.
