The minister of the (Supreme Federal Court) once again criticized the proposal for a code of ethics defended by the president of the court, minister, in an interview with the program, da, on Monday (22).
The dean of the court stated that there was a “youthful enthusiasm” around “Fachin’s code”. He also criticized the lack of internal dialogue about the rules of conduct.
For Gilmar, Fachin spoke more with jurists outside the court than with the court members themselves. “He met perhaps more with people who advised him, here in São Paulo, and less with his colleagues.”
The dean also complained about the moment the proposal was made public, in the context of accusations against the ministers and relations with banker Daniel Vorcaro.
“Obviously, this wouldn’t bring together the committee, it wouldn’t bring together votes,” he said.
“Let’s wait,” he said when asked about the best time to approve the proposal.
The discussion about the proposal coincided with the revelation of suspicions about the relationship between two ministers and the Master. The bank paid R$80 million in two years to Alexandre de Moraes’ wife’s law firm. Furthermore, a fund linked to the financial institution purchased a stake in a resort in Paraná in which Dias Toffoli had a partnership.
Gilmar stated that Fachin “was not happy” in choosing the moment and that “under these circumstances” a project would not be approved.
The president of the court has in the proposed code of conduct a flag of his management at the court and announced minister Cármen Lúcia as project rapporteur in this regard in February. Since then, there has been little discussion.
The dean of the court said he is a friend of the president of the court and that disagreements have been resolved. “I’m not afraid of any code of ethics.”
He also said he was not opposed to transparency measures and stated that the legislation allows ministers to have stakes in companies, as long as they are not part of the management.
The minister is the organizer of the Lisbon Forum, nicknamed “Gilmarpalooza”, an event that brings together authorities from the three Powers and businesspeople.
With 24 years in the Supreme Court, celebrated on Thursday (18), the minister is the member with the longest tenure.
Regarding the case of , the minister criticized the actions of and called the discussion of the rapporteur’s collaboration agreement directly with Daniel Vorcaro’s lawyers a “gross error”.
The minister expressed concern, in general, with the plea bargaining model adopted in Brazil and said that the country may not have the “culture” for the legal instrument. “We have no doctrine on this. So much so that there is a reasonable group of lawyers who refuse to work on the idea of whistleblowing,” he said.
Regarding Toffoli’s possible impediment in the Master case, he states that there was no reason for recognition and said the minister left the case after consensus among the members of the court.
Asked about excessive action by the STF and an overlapping of competences with the Executive and Legislative branches, Gilmar pointed out what he called the omission of the other Powers, which would justify the court’s action on certain topics. He recalled the performance of the coronavirus pandemic court.
He also once again criticized senator Alessandro Vieira (MDB-SE), who tried to indict Gilmar, Moraes and Toffoli in the Organized Crime CPI report and called it “curious” that the parliamentarian did not name names from Congress and known criminal organizations in his vote, rejected by the commission.
Gilmar was responsible for the preliminary decision, still without analysis in plenary, which restricted the rules for Supreme Court ministers. He argued that the measure was taken in the context of a crisis in the court’s image.
