The recent history at the STF shows the difficulty that President Edson Fachin will have in enacting rules of conduct in the court, one of the priorities of his administration.
In August 2023, he was defeated in an attempt to prevent magistrates from judging cases in which the parties were defended by two judges.
The court overturned the measure by 7 to 4, which was in the Code of Civil Procedure and was questioned by the AMB (Association of Brazilian Magistrates). Fachin was the rapporteur.
The current president now defends the creation of a conduct manual for court ministers, but again faces internal resistance
At the time, ministers , , , , , and .
Fachin was accompanied only by Luís Roberto Barroso, Rosa Weber and Cármen Lúcia. Barroso and Rosa have since left the court.
The measure attempted to curb “parentism”, a practice according to which relatives of ministers defend causes in the STF, generating accusations of favoritism.
For a court observer, if the restriction had been maintained, there would be no need for a conduct manual.
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