In a nod to the group that opposes Edson Fachin’s command of the Federal Supreme Court (STF), the president of the Court created a group to study judicial reform. The proposal for deeper changes in the Brazilian Justice system was first raised by Flávio Dino, who criticizes Fachin’s proposal to draw up a code of ethics.
Ministers Gilmar Mendes, Alexandre de Moraes and Cristiano Zanin also contest the idea of the code of conduct. This wing considers that the time to discuss the matter, in the wake of the Banco Master scandal, was not the most appropriate. For them, debating structural changes for the Judiciary is more important now.
To try to alleviate the Court’s division, Fachin invited jurists close to these ministers to the study group – such as the president of the Inter-American Court of Human Rights, Rodrigo Mudrovitsch, who is linked to Gilmar.
The intention is for the study to be ready by the end of the year and forwarded to the National Congress for possible changes to legislation. At the same time, Fachin continues with plans to create the code of ethics, also with the aim of being completed by the end of the year. Minister Cármen Lúcia was tasked with drafting a text.
A third front is the regulation of the remuneration system, which is debated in the National Council of Justice (CNJ), of which Fachin is also president. The minister’s idea is that the three fronts move in parallel with the objective of modernizing and moralizing the Judiciary.
On TV Justiça, Fachin stated that the objective of the Judiciary reform is to solve problems such as the high rate of procedural congestion, excessive litigation, difficulty in accessing justice, institutional fragmentation and changes in the system of appeals to judicial decisions.
To prepare the proposal, the group will hear from members of the legal community, as well as representatives of entities, institutions and segments of society interested in the topic.
Fachin also highlighted that this is a structuring State agenda, and not a proposal from the Brazilian judiciary. Therefore, members of the Three Powers must participate in the debate.
The working group was created based on an ordinance issued by Fachin on Thursday, 11th. The text cites the challenges that the Justice system has faced in adapting to digital transformation, presenting faster results and strengthening the population’s trust in institutions. The rapporteur of the reform proposal will be judge Ney Bello, from the Federal Regional Court (TRF) of the 1st Region, linked to Gilmar. Former attorney general of the Union Jorge Levi, who was an advisor to Moraes as president of the Superior Electoral Court (TSE), is also on the team.
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Also part of the study group on Judiciary reform are the ministers of the Superior Court of Justice (STJ) Luiz Alberto Gurgel de Faria and Mauro Campbell, as well as the Law professor at Fundação Getúlio Vargas in São Paulo Oscar Vilhena.
