A document sent on Wednesday (4) by the (Brazilian Bar Association) to the ministers of the (Supreme Federal Court) reveals a split in the legal profession over the proposal for a code of ethics.
The entity’s board of directors listed to the president of the Supreme Court and the minister designated as the project’s rapporteur a set of guidelines to guide the drafting of the text. The message ignores the (São Paulo section of the Order).
“Support for the debate should not be confused with hasty endorsement of formulations that have not yet been formalized. The Brazilian Bar Association understands that it is essential that the construction of parameters of this nature is done with prudence, method and consistency”, states the letter.
The message comes in the wake of the adoption of a code of ethics for Supreme Court ministers. On Monday (2), at the opening of the judicial year, Fachin announced the proposal as a management priority and appointed Cármen to coordinate the work.
Shortly before, on the same day, the Federal Council of the OAB met in Brasília to open the judicial year in the area of law. The occasion was also permeated with pressure for the entity to support the establishment of a code of conduct for ministers.
Less than two weeks earlier, the São Paulo section had sent to Minister Fachin a proposal for a code of ethics prepared by a study commission. The draft contains guidelines for greater transparency, restrictions on conflicts of interest and rules for quarantine after leaving office.
But the OAB Nacional chose to wait for a position from the STF. “The debate on possible reforms of the Judiciary should not be banned, as long as it is conducted with responsibility, dialogue and absolute fidelity to the Constitution”, the entity’s president, Beto Simonetti, limited himself to saying in the Supreme Court.
Among the axes of this Wednesday’s document is the defense that the debate be guided by objectives such as the promotion of transparency, institutional responsibility and public trust, “not by generic restrictions or mechanisms that, in practice, reduce constitutional guarantees or the quality of judicial provision”.
The text goes on to say that “rules of integrity and prevention of conflicts of interest are necessary to be designed as instruments to reinforce impartiality and protect the institution, with clear and applicable criteria, avoiding ambiguities that could encourage sterile disputes or case-by-case interpretations.”
The letter also announces the creation of a permanent forum for debate on the topic. According to the national statement, the objective is to promote reflection, gather technical subsidies and “ensure national unity in the institutional participation of lawyers”.
“This forum will seek to qualify the Order’s contribution, allowing dialogue with the Federal Supreme Court to take place with consistency, representativeness and adherence to the realities of the different units of the federation”, says the document.
Despite the appeal from civil society, the idea of establishing a code of ethics faces resistance in court. This Wednesday, they defended being partners in companies, as long as they do not manage them.
Moraes and Toffoli are the target of criticism involving the Master case. The first was a contract maintained by his wife’s office with the bank. The second, for conducting investigations and links between family members and the web of the financial institution.
