The Judiciary, especially the , must have as a priority in 2026 cases involving parliamentary amendments, the code of conduct for magistrates and elections, under the guidance of the TSE (Superior Electoral Court).
At the highest court in the country, the trial of those responsible for the murder of Rio de Janeiro councilor Marielle Franco and the parliamentarians accused of diverting amendments will be held. Currently with 10 ministers, the Supreme Court must also have a new member, if approved by the Senate.
Code of Conduct
In the last speech of the Judiciary year, in December, the president of the STF, minister Edson Fachin, highlighted that, for 2026, he will continue to defend “the indispensability of the autonomy and independence of the judiciary, with institutional integrity and the continuous promotion of legal security, efficiency and transparency”. Fachin must move forward with the proposal for a code of conduct for Court ministers.
After the exposure of Minister Dias Toffoli’s trip on a jet with a lawyer from Banco Master, in a process in which he is rapporteur, Fachin’s proposal on a code of conduct for Supreme Court ministers gained great repercussion.
Despite being a minority in the Court in favor of a rule like this, the need for a document with rules for ministers gained special strength after the press revealed an alleged relationship between Minister Alexandre de Moraes and the interests of Banco Master, an institution with a decree of liquidation by the Central Bank for fraud.
The model that can be adopted is similar to existing cases, such as in the United States and Germany. The German case is considered more advanced, as it provides, for example, that judges can accept gifts or benefits only in situations that do not harm the court’s reputation or raise doubts about the judges’ bias.
Trial of the Marielle case
In the first two months of the year, the First Panel of the STF will begin to judge the Brazão brothers and others accused of participating in the murder of councilor Marielle Franco. The crime against the councilor and driver Anderson Gomes occurred on March 14, 2018, in Rio de Janeiro.
The trial is scheduled for . The rapporteur of the criminal action is Minister Alexandre de Moraes, who sees the case as an opportunity to expose the viscera of the infiltration of organized crime in Rio politics.
The defendants are: Domingos Inácio Brazão (former advisor to TCE-RJ), João Francisco Inácio Brazão (former parliamentarian), Rivaldo Barbosa de Araújo Júnior (delegate of the Civil Police of Rio de Janeiro), Ronald Paulo Alves (major of the Military Police) and Robson Calixto Fonseca (military police). All defendants are in pre-trial detention or under house arrest.
General elections
This year, the TSE will also face the challenge of monitoring electoral campaigns, mainly through the use of Artificial Intelligence and deepfakes. Furthermore, analyzes of compliance with electoral quotas and the use of money from the electoral fund must also be on the Court’s radar.
On October 4, 2026, 150 million Brazilian voters will go to the polls to vote for the positions of president, governors, federal deputies, senators and state deputies.
In this year’s election, the Electoral Court will be under the presidency of Minister Nunes Marques.
Transparency about amendments
The case on the transparency and traceability of parliamentary amendments should remain in focus at the STF in 2026. Reported by Flavio Dinoone of the minister’s last moves related to the topic was in a process to suspend sections of a bill that reactivated canceled amendments.
Dino must maintain the priority of meeting performance goals transparency and traceability on the allocation of resources. The minister has also already signaled that the release of amendments for states and municipalities in 2026 is subject to strict accountability.
The fight against “misappropriation of purpose” and the electoral use of these resources should be the main point of friction between Congress and the Judiciary this year.
In parallel, the Court will also begin to judge cases involving deviation from amendments. The first has already been marked and will be analyzed by.
The ministers will analyze the request for conviction from the PGR (Attorney General’s Office) against federal deputies Josimar Maranhãozinho (PL-MA), Pastor Gil (PL-MA) and substitute Bosco Costa (PL-SE), for passive corruption and criminal organization.
Uberization
The STF plenary must also continue the controversy over labor relations in the so-called “uberization”. Ministers must pacify understanding and define whether there is an employment relationship between drivers/delivery people and platforms such as Uber and iFood.
The Supreme Court’s collegiate decision has the potential to reshape the Brazilian labor market, balancing social rights and the economic viability of the gig economy model. The ministers, however, on the topic.
Inauguration of new minister
Even with the impasse between the federal government and the Senate, in 2026 the inauguration of the new STF minister will be determined, succeeding the vacancy left by Luís Roberto Barroso.
The beginning of the Judiciary year should be marked by the inauguration of Jorge Messias, current attorney general of the Union, appointed by President Luiz Inácio Lula da Silva (PT), and who needs the approval of senators to form the Supreme Court.
If the Senate refuses, in addition to the government’s wear and tear, it would accelerate a new race for nomination – a scenario that is less likely.
With a new minister, however, the Court takes on a new configuration. The inauguration of a new minister goes far beyond occupying a seat, as it represents a recalibration of forces in the Court.
