The Minister of the Federal Supreme Court (STF) Gilmar Mendes defended this Wednesday the proposal for reform of the Judiciary presented this week by his colleague on the Court Flávio Dino. Gilmar recognized the need for changes in benefits granted to members of the class and called for the creation of a “broader” pact, which involves the participation of all Powers, through changes in the administrative and legislative scope.
— I defend a broader pact, drawn up by the President of the Republic and the National Congress. It’s all very confusing. When it gets tough, everyone runs to the Supreme Court — Gilmar told Folha de S. Paulo.
The dean of the STF cited his own decision that limited the trinkets paid to magistrates in February when dealing with benefits. However, he highlighted that there are also problems in other areas that require reforms, highlighting that it is not correct to fall solely on the Judiciary.
Gilmar is part of the wing closest to Dino in the STF, also made up of ministers Cristiano Zanin and Alexandre de Moraes. Corte’s colleagues were warned by Dino about the proposal on the eve of the publication of the article on the ICL Notícias website, which is biased towards the government.
In a text full of veiled messages, Dino defended the discussion of a new reform of the Judiciary, with measures ranging from stricter punishments for judges to a brake on payments above the constitutional ceiling. The positioning occurs amidst a context of criticism about the STF’s actions.
Dino’s proposals are seen by a wing of the Court as a response to the offensive by the president of the court, Edson Fachin, to advance an internal code of conduct. Fachin, however, praised his colleague’s suggestions, which, according to him, “add” to discussions about possible changes.
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Unlike the format defended by Fachin, Dino’s proposal is broader and does not only involve the STF, but the Judiciary as a whole. The minister’s idea is to resume a pact between the Powers, which includes the participation of Congress and the Executive in the preparation and approval of the measures that must be adopted.
Dino’s suggestion includes 15 initiatives, which include the revision of chapters of the Penal Code, the reduction in the number of cases and the end of compulsory retirement as a punishment and the multiplication of so-called “hangings” — benefits and compensation that increase the salaries of judges. Last month, the STF decided to allow payments of this type up to 70% of the ceiling.
Dino also defends the creation of more rigorous criminal offenses for corruption, embezzlement and malfeasance involving judges, prosecutors, lawyers (public and private), defenders, prosecutors, advisors and Judiciary employees. He argues that the debate about the Supreme Court has intensified in recent years after decisions involving sensitive topics, citing judgments on parliamentary amendments and the action of the coup plot, which condemned former president Jair Bolsonaro (PL). “It is also worth remembering that the STF was the target of foreign retaliation, without, however, bowing to impositions, which probably increased vile feelings”, wrote the judge.
Internal divergence
Although it was publicly praised by Fachin, Dino’s text was the target of reserved criticism from ministers who question the focus of the proposals.
Ministers heard subject to reservation by the Globo assessed that the suggestions do not address what they consider to be the Judiciary’s most sensitive structural problems. A judge stated that defending judicial reform in a newspaper article “is easy”, but that, in practice, anyone who intends to strengthen the system should not condone investigations “without a deadline, without purpose and used to persecute critics of the court”. The assessment makes reference to the Fake News Inquiry, opened in 2019 and still ongoing.
Dino’s text, for example, states that there are “superficial” readings about a “supposed ‘self-restraint’”, a term frequently used by the group of ministers who defend the need for the Court to adopt the code of conduct. “Brazil needs more Justice, not less, as certain superficial discourses about supposed ‘self-restraint’, seen as a ‘philosopher’s stone’, said Dino.
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Fachin’s defense for the adoption of stricter internal rules was boosted by the progress of investigations into the Master case, which showed negotiations between a fund linked to a brother-in-law of former banker Daniel Vorcaro with a company owned by minister Dias Toffoli, in addition to a contract between the bank and Moraes’ wife’s law firm. The proposed code of conduct is being prepared by Minister Cármen Lúcia, who must present a draft to her colleagues. According to the president of the Court, the expectation is that the text will be submitted and analyzed in 2026, during the court’s administrative session.
