The minister Gilmar Mendes stated this Monday (22) that he did not see the need to create a code of conduct for magistrates of the STF (Supreme Federal Court).
The minister highlighted that he is not against the initiative, but assesses that issues of behavior of Court members are already regulated by Brazilian legislation. Gilmar cited rules that deal, for example, with the prohibition of accepting gifts, the regulation of private activities, the prohibition of demonstrations about processes under trial and conduct after leaving office.
“I’m not against it. If they understand that it is necessary to consolidate, it can be done. But we already have all the rules there. We can even adopt the ethical standards for the CNJ judiciary and that’s it,” said the dean in a conversation with journalists.
Gilmar, however, as restrictions on the participation of ministers in events.
“I go to every event I’m invited to and I don’t get paid for it. I don’t think anyone has inappropriate conversations at an event. And if someone wants to have inappropriate conversations, they certainly wouldn’t do that at an event,” he said.
The minister also defended that members of the Court can comment on ongoing processes and stated that a possible ban would be “problematic”. He cited as an example his performance during the Operation Lava Jato.
“I fought that whole battle against Lava Jato by speaking out, denouncing. If I hadn’t spoken out, nothing would certainly have changed,” he stated. Gilmar was one of the main critics of the conduct of the then judge and now senator Sergio Moro (União-PR) in the processes.
The creation of a code of conduct has been defended by Fachin since the beginning of his term as president of the STF. In October, at the beginning of his administration, he discussed the issue with presidents of higher courts, who were in favor of the proposal. Within the Supreme Court, however, there is greater resistance.
According to Gilmar, the president of the STF has not yet discussed the matter directly with him. The minister said that the topic has been discussed more in the press than within the court.
As found out by the CNN Brazilto try to construct a text that gathers consensus among judges.
The code under development is inspired by the Supreme Court of Germanybut must be adapted to the Brazilian reality. It is also influenced by existing standards in the USAno Canada by England.
The proposal does not provide for formal sanctions and aims to guide ministers and magistrates on standards of decorum and conduct.
