The president of the (Supreme Federal Court), said this Monday (26) that the persecution of ministers for carrying out their work is one of the factors of the “silent mode” of authoritarianism.
Amidst the developments of the , the minister traveled to Costa Rica and spoke at the inauguration ceremony of Brazilian judge Rodrigo Mudrovitsch as president of the IACHR (Inter-American Court of Human Rights).
Fachin stated that authoritarianism does not always present itself “with the noisy face of open rupture”, as there is the concept of “democratic erosion” — which, in an insidious way, “erodes institutions from within”.
“These are times when the structure of checks and balances is strained almost to the point of exhaustion; when freedom of the press is harassed; when magistrates are persecuted for their office”, said the president of the court.
The investigation into the cases has put the minister, rapporteur of the case, under pressure. Family business associates the magistrate’s brothers with an investment fund linked to the bank, . Even so, he .
Minister Alexandre de Moraes also began to receive criticism for defending the interests of the financial institution. The STF does not comment on the episodes.
In his speech, Fachin said that other aspects of the so-called democratic erosion include hate speech against women, immigrants and ethical and religious minorities; environmental devastation and occasions when “inequality turns into humiliation”.
“We live in an era of uncertainty in the world. There is a crisis of liberal democracy. (…) Democracy has not fulfilled all its promises — especially that of material equality — and it is from this vacuum that authoritarian populisms that seek to undermine it from within are nourished.”
Fachin highlighted that these are “challenging times for the democratic rule of law” and recalled the three years since to affirm that “democracy requires memory, not to arouse resentment, but to prevent relapses”.
With the president’s veto about to return to the debate in the National Congress, Fachin said that the Powers’ response was “firm, joint and non-negotiable”, with accountability for those involved and broad defense.
“Until we are able to demonstrate that democracy can offer dignity and well-being to the least favored, it is necessary to defend it against its detractors. Tolerating intolerance is burying tolerance itself”, he stated.
“Let’s not be naive. Democracy is not neutral in the face of those who seek to destroy it”, continued the minister.
According to him, democracy does not offer certainties, but it does provide possibilities that “move free spirits” in the evolution of the social and political process.
As president of the STF, Fachin has tried to overcome the fragile moment the court is going through. He anticipated returning to Brasília this month to conclude a series of conversations with ministers. In these conversations, .
Fachin released a public note on Thursday (22) and, in the text, . He wrote that the minister carries out “regular judicial supervision” of investigations into Master’s financial fraud and said that criticism is legitimate, but that the STF “does not bow to threats or intimidation”.
There was no explicit mention of the code of conduct for ministers, one of the main pillars of his administration. Despite frequently discussing this issue with his colleagues, he chose to simply say that “all institutions can and should be improved, but never destroyed.”
At least three ministers resist setting the guidelines and understand that discussions should be paused until tensions cool down. The assessment is that Fachin’s offensive in favor of the code of ethics comes at a troubled time and could generate a new wave of attacks on the court.
Therefore, the advice given to Fachin was that, even if temporarily, he should leave this agenda aside and prioritize deference to Toffoli, especially after the PGR (Attorney General’s Office) filed a representation that sought to remove him from reporting on the Master case.
In an interview with the newspaper O Estado de S. Paulo published this Monday, Fachin once again defended the drafting of the code of conduct and stated that the court is at a moment of “institutional maturity” to consider the necessary rules.
“Either we find a way to limit ourselves, or there could eventually be a limitation that comes from some external power, and I don’t think the result will be good,” he said.
