In an attempt to convince ministers of the need to approve a code of conduct to overcome the image crisis of the (Supreme Federal Court), the president of the court, , has told his colleagues that the initiative is not his own idea, but a demand from society for more integrity.
Fachin concluded this Tuesday (20) a round of conversations with all magistrates. He to deal more closely with the strains currently facing the court, especially due to the conduct of the investigation into the frauds.
According to reports made to Sheetthe president of the STF tried to disconnect his name from the judiciary of the higher courts, stating that the suggestion came from entities such as the FHC Foundation (Fernando Henrique Cardoso) and has the support, for example, of the OAB-SP (Brazilian Bar Association).
In these interlocutions, the minister rejected the name “Fachin code” and said that, although he is personally in favor of implementing the measures, nothing will be imposed, but built based on a consensus. Proof of this, according to him, would be the fact that the text is still open and ready to receive collaborations.
However, this debate is moving forward and argues that discussions should be paused until tensions cool down. The assessment is that Fachin’s offensive in favor of the code of conduct comes at an inopportune time, leaving ministers and the court itself subject to a new wave of attacks.
The topic began to gain traction in December, when information came to light about the minister’s jet trip with the lawyer of a Master director and about the contract that lawyer Viviane Barci, the minister’s wife, signed with the financial institution. The STF does not comment on these episodes.
Fachin avoided specifically going into the Master issue with the ministers. The conversations were described as “exploratory”, with the president of the court wanting to gather everyone’s impressions about the challenges for 2026, measuring the temperature on the code of conduct and making himself available for institutional dialogues.
Fachin’s aides claim that, as the STF is permanently under the spotlight, it is difficult to predict a moment of calm that would result in the “perfect ‘timing’ to move the proposal forward. Therefore, the president of the court must insist on the approval of the guidelines as a legacy of his administration.
Inspired by the model of the Federal Constitutional Court of Germany, Fachin’s initial draft provides, as one of the main points, the mandatory disclosure of funds received by ministers for participating in events and lectures. It also restricts public demonstrations regarding cases pending before the Supreme Court.
The (National Council of Justice), which supervises magistrates throughout Brazil, does not have the authority to analyze cases involving STF ministers. Today there are already rules to which ministers are subject, such as the Statute of the Judiciary, which prohibits, for example, the expression of an opinion on proceedings pending trial.
The minister assumed the presidency defending the . In his closing speech for the year 2025, he said that the code of ethics is spontaneous and that the judiciary must be exercised “with technical rigor, sobriety and historical awareness”.
“In this sense, I could not fail to make reference to the proposal, still in development, to debate a set of ethical guidelines for the judiciary”, stated the President of the Supreme Court at the time.
