President of the STF also defended 10 items of principles that should guide the actions of Brazilian judges
The president of the STF (Supreme Federal Court), Minister Edson Fachin, stated this Monday (16 March 2026) that the court has expanded its operations in recent decades and defended self-restraint. It also presented 10 items of principles that should guide the actions of Brazilian judges.
“Self-restraint is not weakness; it is respect for the separation of powers which, ultimately, is itself a constitutional requirement”said the minister in the Aula Magna for law students at CEUB (Brasília University Center). Read the of the speech (PDF – 232 kB).
Fachin, who has a Code of Ethics as one of the main projects in his management at the head of the STF, presented 10 principles that should guide the actions of Brazilian judges. According to him, the judiciary’s guidelines are already present in resolutions from the CNJ (National Council of Justice) and international agreements.
In the list of 10 rules, the judge mentions the prohibition of gifts and personal benefits to those interested in processes, the containment of public demonstrations in pending processes or cases that will be judged and the need to keep secrets about ongoing processes.
“We don’t have the vote. We have the argument of the law, and above that, the argument of the Constitution. And exactly for this reason we can never give up justifying our choices, justifying our decisions, in a lucid, sensitive and rational way”declared the minister.
The minister also declared that it is necessary for STF ministers to have humility to “recognize your own limits“. Fachin argued that it is necessary “have the courage to retreat in order to move forward: you need to recognize that the courts are not omnipotent and that they are also subject to the Constitution“.
READ THE FULL 10 PRINCIPLES
I — Honors the dignity of jurisdiction, as “the magistrate must act in a way that preserves the honor, dignity and independence of the judicial function” (Res. 60/2008, Annex, art. 1st);
II — Defends the independence of the Judiciary, because it is responsible for “guarding the independence of the Judiciary” (art. 2);
III — Exercises jurisdiction with freedom of conviction, given that the magistrate must perform the function “independently of external pressure” (art. 6) and “must not participate in party political activity” (art. 5);
IV — Keeps impartiality as a supreme value, recognizing that “the impartiality is the magistrate’s duty” (art. 8) and that he should not adopt “behaviors that may reflect favoritism, predispositions or prejudices” (arts. 7 and 10);
V — Speak with prudence and reserve, as he must be “prudent when expressing himself publicly about pending processes or cases that may be subject to his judgment” (art. 12)’
VI — Maintains integrity in public and private life, as he must “adopt irreproachable behavior in public and private life” (art. 13);
VII — Rejects advantages, gifts or benefits, which is why it is prohibited to receive “benefits, gifts or advantages from people interested in processes” (art. 14);
VIII — Practice civility with everyone, as you must “treat with respect and consideration all those with whom you interact in the exercise of your role” (art. 16);
IX — Keep the secret that the function entrusts to you, as you must “keep secret facts of which you are aware due to the function” (art. 18);
X — Constantly seeks improvement, as it must “ensure its technical and scientific improvement” (art. 20).
Fachin’s messages
Fachin had a meeting with all the presidents of Brazilian courts to discuss, among other topics, the remuneration of judges. On that occasion, he was emphatic in defending the end of penduricalhos and declared that the Judiciary cannot be imprisoned “in parochial interests, economic convenience or political calculations”.
The minister said that “judges cannot be underpaid” and deserve protection from the increase in the cost of living, but salaries need to be “blatantly supported by the constitutional text”.
“We don’t have the vote. We have the reason of the law. And exactly for this reason we can never give up justifying our choices, justifying our decisions. They must be scrutinized widely, with complete transparency, and must be able to survive the most merciless public examination”he declared. Here’s the of the speech (PDF – 210 kB).
