The -SP (Brazilian Bar Association, São Paulo section) sent to the (Federal Supreme Court) a proposal for a code of ethics for court ministers with guidelines for greater transparency, restrictions on conflicts of interest and rules for quarantine after leaving office.
The proposal was prepared by OAB-SP. According to the institution, it was sent on Friday (23) by Leonardo Sica, president of the São Paulo section of the Order, to the president of the Supreme Court, minister.
The text is signed by retired STF ministers Ellen Gracie and Cezar Peluso, by former Justice ministers José Eduardo Cardozo and Miguel Reale Jr., by political scientist Maria Tereza Sadek, by the director of FGV Direito SP and columnist for Sheet, by FGV Direito SP professor Alessandra Benedito and by former OAB presidents Patricia Vanzolini (São Paulo Section) and Cezar Britto (Nacional).
“This is a technical and institutional contribution, with the objective of strengthening the Judiciary and public confidence in the jurisdiction, always with respect for the autonomy, prerogatives and high mission of this Supreme Court”, says the letter sent to the presidency of the STF.
Defended by Fachin, the idea of a code of ethics for Supreme Court ministers gained strength after revelations of ties to .
The OAB-SP proposal establishes a three-year quarantine for a minister to practice law after retiring or resigning from office.
The proposed code also prohibits a Supreme Court minister from acting in a trial with the participation of a relative of up to the third degree or a close friend as a lawyer or party to the process.
Magistrates would also be prevented from judging cases whose outcome could affect their own interests, those of a relative or friend. The same goes for cases that you have sponsored before arriving at court.
To do this, the minister should ask friends and relatives to inform the cases in which they work so that this information can be forwarded to the STF.
A concern for the court, the document provides that, if conflict of interest rules are used maliciously in an attempt to remove a minister, the rapporteur must bring the matter to his colleagues, and the guidelines can be excepted by a two-thirds decision.
The document also provides for the need for transparency in the agenda of activities, as well as when ministers receive lawyers.
Regarding lectures, the guidelines allow participation in seminars, congresses and events as long as the organizers or sponsors have no economic interest in pending decision processes.
Furthermore, any remuneration and payment of travel expenses must be reported to the Supreme Court President, who, in turn, must make them public on the STF website.
It is also recommended that ministers do not attend academic meetings, meetings or acts that could compromise the perception of impartiality.
The code, on the other hand, prohibits the possibility of holding a position or role in coordination, administration, direction or corporate control of an educational entity.
