More than 50 organizations launched a manifesto in support of the OAB-SP initiative. Document will be delivered to Minister Edson Fachin, president of the STF.
Civil society is mobilizing to demand more ethics, transparency and responsibility from the highest positions in the Brazilian Judiciary. This Monday, the resumption of activities after the judiciary’s recess is being accompanied by the launch of the Manifesto for Objective Guidelines for Conduct in Superior Courts, with the support of 53 civil society organizations, including Livres, Transparência Brasil, Movimento Orçamento Bem Gasto and Movimento Pessoas à Frente.
The initiative endorses the proposal of the OAB-SP, which formulated a document with the participation of former Supreme Court ministers, Ellen Gracie and Cezar Peluso, as well as jurists such as Miguel Reale Jr and José Eduardo Cardoso, who were on opposite sides in the impeachment process of former president Dilma.
The civil society manifesto proposes the creation of a Code of Conduct for ministers of the STF and other higher courts — a measure already adopted in consolidated democracies, such as Germany, the United Kingdom, Canada and the United States.
The initiative also has the support of big names in the Brazilian economy, such as Armínio Fraga, Guilherme Leal, Jayme Garfinkel, Jose Luis Egydio Setubal and Wolf Klabin. “We believe that no one can feel above ethics or place themselves above the law, especially members of the judiciary”, comments Livres’ executive director, political scientist Magno Karl.
The crisis of confidence in the Judiciary
The proposal comes at a time of increasing erosion of the image of the STF and the higher courts, driven by recurring cases of inappropriate behavior and conflicts of interest, with special repercussions following the liquidation process of Banco Master.
The manifesto denounces that, although the Judiciary should be the maximum example of sobriety and impartiality, the absence of clear rules and effective monitoring mechanisms has fueled the population’s loss of trust in institutions and in democracy itself.
The 7 guidelines of the Code of Conduct
The document proposes seven central axes to ensure the integrity and independence of the top judiciary:
- Real Impartiality: Obligation to declare conflicts of interest and refuse processes with personal or ideological connections.
- Benefits Management: Strict rules against advantages and hospitality that could compromise the judge’s reputation.
- Shielding against Private Relationships: Prevention of conflicts involving relatives who work in law firms with cases in court.
- Sobriety Communication: Self-restraint on social networks and events, avoiding partisan political positions or anticipating votes.
- Regulation of Legal Education: Discipline lectures and events paid for by entities that have direct interests in judicial decisions.
- Radical Transparency: Standardized publication of agendas, assets, academic ties and refusals of invitations.
- Independent Inspection: Creation of an autonomous body to guide and ensure compliance with these standards.
Open support and citizen mobilization
In addition to signatory organizations, the manifesto is available to — both organizations and individuals — through an online platform. The objective is to expand social mobilization around an agenda that, according to the proponents, is neither ideological nor partisan, but rather the institutional defense of democracy.
