The Federal Supreme Court (STF) may vote this Wednesday, 4th, on an action that questions a resolution by the National Council of Justice (CNJ) that establishes parameters for the use of social networks by members of the Judiciary. The topic is on the agenda of the first day of the Plenary’s judgment session in 2026, and the rapporteur is Minister Alexandre de Moraes.
In the 2019 resolution, the CNJ establishes, for example, that the use of social networks by judges must observe the duties of independence, impartiality, integrity and prudence. It also prohibits judges from commenting on ongoing processes, expressing support for politicians or using networks for self-promotion.
Judiciary entities question the rule, alleging violation of fundamental rights, such as freedom of expression. The associations also maintain that the rules imposed by the CNJ are excessively strict and would even affect private messages from magistrates, including on applications such as WhatsApp.
Opportunity with security!
In 2022, the case was analyzed in the virtual trial. The rapporteur, Moraes, and ministers Edson Fachin, Dias Toffoli and Rosa Weber voted to maintain restrictions on magistrates on social media. Minister Nunes Marques, however, asked for emphasis and took the action to the physical plenary, which made the trial start over from scratch.
As minister Rosa Weber retired, her vote will be maintained, and her successor, Flávio Dino, will not vote in this process. Thus, the trial begins with a vote against the request of the judiciary associations.
Conduct of judges in an election year
The president of the Superior Electoral Court (TSE), minister Cármen Lúcia, stated in a speech at the opening of the Court’s judicial year that she will send guidelines to the electoral courts on the conduct of judges in a campaign year.
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Among the points is the prohibition of demonstrations, in any medium, including electronic media, about the magistrate’s political choice.
Cármen Lúcia will also be the rapporteur of the proposal for a code of ethics for the STF. The decision was announced this Monday, 2, by the president of the STF, minister Edson Fachin.
Currently, at least five STF ministers have active accounts on social networks: Gilmar Mendes, Flávio Dino, André Mendonça and Nunes Marques. However, discussions about the code of ethics in court, as shown by Estadão, are not centered on the use of networks. Attention turned to the behavior of ministers after the Banco Master case arrived at the Court.
Moraes had an account on the social network X (formerly Twitter), but deactivated his profile in February last year.
Billionaire Elon Musk’s network has already been fined R$36.7 million for failing to comply with court orders issued by the Brazilian courts. Of this total, R$28.6 million was paid by X in October 2024, when the platform was suspended in the country in August 2024 by order of the minister.
