Minister Gilmar Mendes, of the (Supreme Federal Court), stated this Monday (22) that any discussion regarding the creation of a code of ethics for the judiciary and for the members of the court themselves must necessarily be done “from the inside out”. Furthermore, he stated that the attention given by the press to the participation of magistrates in events was nonsense.
“One thing that fascinates many of you in the press is going to events. I think that’s nonsense. I think that’s nonsense. I, as you know, go to every event that I can and that invites me. I don’t receive remuneration for that. So, I don’t have that concern,” said the dean.
The initiative by the president of the court, Edson Fachin, to create a code of ethics entered the public debate last month.
Gilmar’s statements were made in a conversation with journalists in his office.
“There’s no problem if you eventually want to discuss this in the future. The only thing I notice is that no proposal moves here if it’s not built here,” he stated.
“I’ve heard a lot about this. I haven’t talked to him. The only issue, the only real contact I had with him about this was when we were talking about the impeachment process and he said he wanted to also discuss the issue of the code of ethics. I didn’t see any reason to make that association,” said the minister.
According to Gilmar, the current proposals on impeachment of a STF minister are not based on real possibilities of removal.
“All the cases there are [no Senado] against Minister Alexandre, against Minister Dino, all cases concern strictly judicial matters,” he said. “Ministers and magistrates cannot be punished for judicial action and interpretation of laws.”
The model that serves as inspiration for the code that Fachin wants to approve in the Supreme Court is that of Germany, which prioritizes transparency.
Gilmar states that the German constitutional court has peculiarities in relation to its composition and that, unlike the Brazilian one, it has a clearer political connection due to the way in which its members are appointed.
He also stated that Brazilian legislation has standards similar to articles in the German code. “Strictly speaking, we came to the conclusion that practically everything that is there is here,” he said.
The dean also stated, in relation to the debate on the Dosimetry PL, that the review of sentences is part of the legislative process.
“The issue of dosimetry is an adjustment that Congress makes all the time, up or down. Every time it is criminalizing more conduct as a crime, sometimes it reduces it. And this ends up being reflected in the processes that are in progress, even in the process of being judged”, he said.
According to him, from the moment legislation is reviewed, lawyers calculate the possibilities of benefits for their clients. Still, he minimized the negative effect of the initiative. “What was done was a package, let’s call it that, but nothing that I recommend greater care for”, he stated.
As shown by Sheetmembers of the court accepted what was approved by the government even though they made public criticisms.
One of the reasons is the fact that a wing of the court understands that the effects of the proposal will not be automatic for all defendants, including (), but assessed on a case-by-case basis, at the discretion of the rapporteur, minister.
“From what I read in the text, it will depend on the rapporteur. The project grants the rapporteur, including terms like ‘may’ or ‘might’. Therefore, it is the report that will make, if applicable, the adjustments. I don’t see any major problems here,” said Gilmar.
Banco Master
In the conversation with journalists, Gilmar also stated that it is necessary to open up in discussions about relations between members of the court and lawyers.
“The Master Bank is a sign that the institutions are working. The Central Bank intervened and there was an investigation, arrest of people. Therefore, to me it seems like it is a sign that the institutions are working”, said the minister.
According to the newspaper O Globo, minister Alexandre de Moraes sought out the president of the BC (Central Bank), Gabriel Galípolo, to intercede for Master. Wanted by Sheetboth did not comment on the matter.
Furthermore, according to the same newspaper, the firm was hired by family members for R$3.6 million per month, a value considered above the market average. Senator Alessandro Vieira (MDB-SE) said he will collect signatures to open a CPI (Parliamentary Commission of Inquiry) on the matter.
“I’m not going to talk about specific cases, but I have absolute confidence in Minister Alexandre de Moraes and I don’t see any problem,” said Gilmar this Monday.
At the end of November, he traveled to Lima, Peru, during the Copa Libertadores final, on a private jet alongside one of the lawyers involved in the Master case, whose investigations are under the supervision of the magistrate.
Likewise, Gilmar said he would not comment on the case of his other court colleague, but he returned to commenting on relations between ministers and lawyers.
“We meet these people in various places, these important lawyers and so on, you meet politicians of all persuasions. We talk, we are talking and sometimes we meet at a dinner and we talk, normal things. I myself don’t see any problem. Nothing that this lawyer couldn’t deal with here with him. I doubt he said anything that wasn’t about football”, he said.
