Journalist and former senator Ana Amélia Lemos and lawyer Alessandro Soares discussed, this Tuesday (23), in The Great Debate (Monday to Friday, at 11pm), whether a code of conduct can resolve the questions raised by the STF (Supreme Federal Court).
Despite recent discussions on the topic, the evaluation of the creation of the text, defended by the President of the Supreme Court, Minister Edson Fachin, . The Judiciary went into recess this week and there is still no consensus among Supreme Court ministers on the content of the proposal.
The objective would be to create guidelines and standards of conduct for the higher courts, the judiciary in all instances and the STF (Supreme Federal Court).
Ana Amélia understands that, although the issue has already been resolved in the disciplinary code of the National Council of Justice, the code of ethics is necessary.
“It was about time, after all, Congress has just set an example with the loss of mandate of two parliamentarians, due to a procedural matter, they were absent from work, had excessive absences, so they lost their mandates. So, to the same extent as in the legislative institution, the institution of the judiciary also needs a code of conduct, perhaps even more exemplary, because it is exactly the responsibility to make judgments on very important issues in any of the instances of the judiciary”, he pondered.
“After all, is the minister a judge or is he a lawyer advocating a cause of dubious reason? So, this point is very serious, and the Supreme Court itself must bear in mind that it must defend the ethics practiced by all 11 members of this Court”, concluded Ana Amélia.
For Alessandro Soares, the code of conduct is institutional protection.
“To discuss a code of conduct, we have to look at the fact that the Federal Supreme Court is currently a court that is becoming politicized. And when I say politicized, it basically means that it is no longer seen just as a technical court and is increasingly seen, not only before lawyers, but before Brazilian society, as a court that has political importance, and its agents start to be seen almost necessarily as political agents, which is why they are attacked”, he said.
“When we discuss a code of ethics and conduct, we are necessarily talking here about the Court’s institutional protection. So, if the Court is going to be more attacked, it seems good, it seems reasonable and reasonable for us to have a code of conduct”, he explained.
