The minister, from the (Supreme Federal Court), states that the scandal was improperly addressed to the court, arguing that the crisis is systemic. The court became associated with the case after the revelation of connections between ministers Alexandre de Moraes and Dias Toffoli with the former banker.
HAS SheetGilmar says he does not want to “exempt those who have responsibility from responsibility”, but believes that the crisis does not belong to the court, pointing the finger at.
“That [a relação de ministros do STF com Vorcaro] It is certainly being investigated and the competent authorities must do it, they are doing it”, says the minister.
Gilmar also assesses that it was due to a “purely political” issue, unrelated to the nominee, and that the Lula (PT) government failed in political articulation with the National Congress.
The minister also defends the holding of the event, which has been criticized for being held outside the country and hosting authorities who have become the target of investigations. “We have no control over this,” he says.
showed that the Master case and the code of ethics made some authorities rethink going to the Lisbon Forum. Do you notice this impact? On the contrary, we are holding one of the biggest events we have ever held, with more than 470 speakers and competition for places. Maybe people who don’t want to go to the forum and want to be sympathetic to the ideology of Sheet are echoing this, but we don’t notice it, fortunately.
But events parallel to the forum were already attended by Vorcaro and other authorities who were now being investigated. Doesn’t that matter? We have no control over this. Would we have to ask the Portuguese authorities not to give people visas? These are characters who take advantage of the opportunity to go to El Corte Inglés or party on the Tivoli rooftop. It doesn’t concern us.
Some of these speakers come from Germany’s Constitutional Court, which has the model used by President Edson Fachin to propose a code of ethics. How do you evaluate this parallel? The German court code establishes that what you earn as a judge, in addition to the pro-labore, must be disclosed, whether by lecture or copyright. I don’t know who planted this idea that the problem is “Gilmarpalooza”, but for us, it’s a very “naïve” thing. [ingênua].
In the STF there is no need for a minister to make public how much he receives for lectures. This can be discussed. We have the Organic Law of the Judiciary and the Code of Ethics of the Judiciary. I have nothing against the idea. The question is one of opportunity. There are many things contained in the German code of ethics that do not match our culture. A judge there cannot rule on certain issues. Here, in the crisis we are experiencing during the Bolsonaro government, if my voice and that of others could not be raised, we probably would not be telling the story. It is possible to carry out reform within consensus.
Datafolha showed that there is a crisis of public confidence in the STF. To what do you attribute this? The form of the question is sometimes wrong. There was a certain ability to transfer responsibility for facts that are serious and reveal a systemic crisis to the court. For example, the CVM had three fewer directors for more than a year. Therefore, without supervision over the criminal field, washing and “other bad things”. The Master’s crisis is not in Praça dos Três Poderes, it is in Faria Lima. Those who sold bonds were the banks. I don’t want to exempt those who have responsibility from responsibility, but it seems to me that you place the court in a Polish corridor; then the Sheet does research and reveals frustration.
Another criticism of the STF is the fact that ministers have relatives who are lawyers and how this can generate conflicts of interest.
interests. O CPC [Código de Processo Civil] prohibits the trial of cases in which the party or lawyer is a relative. It is a difficult discussion because it involves professional freedom and, in principle, there is no way to avoid it. But there is a system of supervision of the Judiciary and the Brazilian Bar Association [OAB] to avoid abuse.
What about the relationships, often also questionable, between ministers and businesspeople? The issue of friendship, we should all be careful. If you have a close friendship, the CPC responds to that. We must be cautious.
The PF investigates Toffoli’s family business with the Master through the Tayayá resort, the contact between Vorcaro and Moraes and the contract signed by the bank with the minister’s wife’s office. Aren’t these relationships poorly explained? This is certainly being investigated and the appropriate authorities should do so. Now, what is the cause and effect relationship? Are people who took out loans or were account holders responsible? Of course.
You have already criticized the way Edson Fachin is handling the crisis. How is the internal division? There is no internal division. The code of ethics generated an environment of certain lack of intelligence, because it seemed launched at a moment of vulnerability for some colleagues. I’m not imputing that intention to him, but it was inappropriate. Whoever wants to lead the court needs to produce unity, it’s elementary.
You, when you voted to maintain the arrest of , made some criticisms of that arrest and the use of prisons to obtain plea bargains. Do you think this situation is happening in the Master case? I have no idea, I have to examine each case. What I fear is criminal-judicial authoritarianism. I don’t like the idea of someone saying “now you’re going to have a privileged regime because you promised to inform me” or “now I’m going to put you in a maximum security prison because you didn’t live up to my expectations”.
The minister investigates fake news. Do you agree with this measure? If the environment of radicalism is maintained, and everything indicates that it will be maintained, given the electoral intensification, the fake news investigation is necessary. See the Organized Crime CPI. It was to investigate the PCC and others like that, and then Minister Toffoli, Minister Alexandre, Attorney General Paulo Gonet and me were indicted. Did CPMI solve the problem of organized crime in Brazil?
You asked for one because of the CPI and (Novo). Do these reactions reduce or inflame friction? A Sheet wrote an editorial about this, saying that Alessandro Vieira had exaggerated, but that mine . I don’t know what’s left for someone who is identified as a member of a criminal organization other than to react. When doing so, it must be done through due process. This is the way, but certainly the legal way of Sheet Can you help me understand this type of reaction?
Was the Senate wrong to reject Jorge Messias for the STF? It wasn’t for lack of qualifications. It was a purely political issue, of a political crisis whose context I cannot clearly understand, and that is why it seems to me that there ended up being this direction, these misunderstandings that arise. The Lula government is a minority government, something we did not know in the 40 years of the Constitution. He did not manage to have a majority in Congress and depends on topical constructions. There are several flaws, including a serious failure of political articulation. I worked in government [FHC]. The votes on constitutional amendments were dramatic, requiring 308 votes in the Chamber. But there were people who knew how to calculate.
Regarding penduricalhos, even after the STF decision, benefits were created. Has the Judiciary lost the ability to regulate itself on this issue? We have to arrive at a federalization model for the payroll, with a single platform in which any item needs to be authorized.
X-RAY I Gilmar Mendes, 70
Current dean of the STF, he was appointed to the court by former president Fernando Henrique Cardoso (PSDB), for whom he was the Union’s attorney general, as well as an advisor at the Ministry of Justice and the Civil House. Previously, he was a public prosecutor and consultant to the Presidency in the Fernando Collor government. Graduated in law from UnB, he completed a master’s degree and doctorate from the Westfälische Wilhelms-Universität zu Münster.
