The decision by the minister of the (Supreme Federal Court) to suspend the restrictions on the salaries of public servants was seen as a message to the president of the court, exposing an internal conflict around an ethical agenda for the court.
Dino’s interlocutors claim that, with the decision, the minister wanted to show that the true code of conduct for the judiciary goes through and that setting rules for holding lectures, for example, is something secondary in this context.
Five ministers heard privately by the Sheet state that the tendency is for the plenary to confirm Dino’s injunction, albeit with specific reservations in the sense that the regulation of the issue will be the responsibility of the (National Council of Justice). The session for the referendum was scheduled by Fachin himself for the 25th, in person.
Just as occurred in the judgment on the guidelines set by the CNJ for the , the expectation is that the magistrates will take advantage of the issue of trinkets to send messages about the need or not to establish parameters for the actions of ministers.
The code of conduct is a bet by Fachin to try to restore the image of the Supreme Court, which is in crisis due to the developments in the investigation into Banco Master. The ministers, rapporteur of the case, and , are at the center of the damage.
Toffoli has had his conduct questioned since one of the lawyers in the case and imposed a severe regime of secrecy on the process, including family businesses that associate his brothers with an investment fund linked to Master.
Regarding Moraes, the fact that his wife’s office, lawyer Viviane Barci, signed an agreement with the financial institution to represent her in court is important. The minister said, last week, that any judge is .
As shown by SheetFachin’s strategy to advance a code of conduct for the court to the initiative. Even among these supporters, there are hesitations regarding the moment chosen for the debate and a fear that the discussion will weaken the court at a moment of vulnerability.
One of these ministers is Dino himself. According to the minister’s assistants, he is receptive to the idea of implementing a code of conduct for the judiciary, but does not fully agree with the stance that has been adopted by the president of the court to enforce his proposal.
Although Fachin spoke to the ministers during the holidays, previously notifying his colleagues that he would announce himself as rapporteur of the code and preaching the need for a consensus, the measure continues to have the air of imposition on a wing of the court. The reading is that Fachin ignored suggestions about waiting for better timing.
In the decision suspending the penduricalhos, issued on Thursday (5), Dino said that super salaries violate the principle of morality and characterized them as a “phenomenon of the anomalous multiplication of compensation funds” that reached “levels that are absolutely incompatible” with the Federal Constitution.
Under reservation, a minister more inclined to reject the code of conduct states that the trinkets, as well as the fight against corruption in the judiciary, should be Fachin’s priority focus to recover the prestige of the Judiciary, not measures that restrict public statements or participation in events.
Despite the criticism, Fachin’s assistants claim that the decision on super salaries was not interpreted by the president of the Supreme Court as a negative message, as he himself faces the issue at the CNJ within the scope of the , created on the first day of his administration. The president of the court also heads the National Council.
The minister’s interlocutors also claim that, around two hours after Dino’s decision, during the break in Thursday’s plenary session, Fachin spoke to his peers and decided to schedule the session for the injunction referendum soon, based on an understanding that it would be best to deal with the issue as soon as possible.
Being the code’s rapporteur is seen as positive by court magistrates, so that discussions can take place in a thoughtful, constructive manner and with a distance from the “passion” with which Fachin has dealt with the subject. She is considered a skilled magistrate to arbitrate conflicts.
This Tuesday (10), the president of the (Superior Electoral Court) had a meeting with representatives of the TREs (Regional Electoral Courts) to present what has been classified as an example for the performance of their judges in an election year.
Cármen Lúcia defends measures to standardize conduct and reinforce institutional credibility during the electoral period. According to the court, the heads of local courts spoke out for the importance of strengthening ethics, transparency and society’s trust in the Electoral Court.
The rules prohibit the receipt of gifts or favors, participation in processes involving law firms linked to the magistrate, restrict the exercise of non-judicial activities that compromise functions, participation in events that may generate a conflict of interest and abstention from political positions or signals, including on social networks.
