First, Edson Fachin cried out to the heavens for ethics and transparency. Then, he took a step back, legitimizing Dias Toffoli’s antics in advance. In the end, he surrendered without a fight to a hidden majority. The minister chose the position of president of the corporation. Your party is not the right, but the STF.
The code of conduct project was born out of suspicions surrounding Toffoli’s relations with Banco Master’s pyramidal businesses. From the beginning, it was an attempt to exchange investigations about colleagues for a list of ethical rules. It was about burying the present in the grave of the future.
The next step was the false official note intended for the dual function of protecting Toffoli and cutting off his wings. The colleague would be safe from any questioning, with the condition of transferring the Master’s case to the first instance. The exchange would be bad enough for the STF’s credibility without the arrogant text that surrounds it.
Louis 14 is credited with declaring that “I am the State”. In his note, Fachin paraphrases the monarch by suggesting that democracy is the STF: “Whoever tries to demoralize the STF to erode its authority, in order to cause chaos and institutional dilution, is attacking the very heart of constitutional democracy and the rule of law.”
Translation: in the opinion of the president of the corporation, “constitutional democracy and the rule of law” convert his fellow judges into special figures, immune to public scrutiny. The famous contract of Moraes’ wife and Toffoli’s adventures in Wonderland become forbidden topics. Taboo.
Former communists cultivated the habit of invoking History (with a capital letter) to end uncomfortable debates. imitates them, evoking a “relentless history” against “those who try to destroy institutions”, that is, those dissatisfied with the silence of the pair of ministers. For some strange reason, the minister of pompous sentences imagines riding the steed of History.
More than a hundred years ago, Trotsky announced the Bolshevik dictatorship by condemning the Mensheviks to the “dustbin of History.” Fachin signed his capitulation by insinuating that the proverbial trash can is the fate of this code of conduct. In his words, in an interview with Estadão: “If necessary, are the rules viable? I have colleagues who understand that they are necessary, but that the time is not now, as it is an election year. I recognize that this argument is solid”. Translation: solid is what interests the corporation’s judges.
All that remains of Fachin’s glorious onslaught is the agreement designed to preserve the secrets of the president’s pair of colleagues. The STF would send the paperwork to the lower court, giving up the trick of imposing its jurisdiction over the Master scandal. However, even this providential solution remains pending internal compromise. Reason: Toffoli resists the hypothesis of eliminating the mantle of maximum judicial secrecy with which he covered Vorcaro’s political partners.
The collegiality rule has the purpose of publicly comparing the opinions of supreme judges. Fachin, however, interprets it as an instrument of hidden collusion designed to produce corporate consensus. Therefore, he will not submit his proposals to the ministers for a vote. The STF closes itself in its cave.
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