Federal deputy Adriana Ventura (Novo-SP) is collecting signatures to begin processing in the Chamber a Proposed Amendment to the Constitution (PEC) that makes the adoption of a code of conduct and integrity mandatory in the Brazilian Judiciary, including ministers of the Federal Supreme Court (STF) and other higher courts.
For the proposal to advance to the processing phase, 171 signatures from federal deputies are required. According to the parliamentarian’s office, 46 pieces of support have been obtained so far.
The PEC adds article 93-A to the Constitution and amends articles 103-B and 130-A, determining that the STF establishes its own code applicable to its members, including rules aimed at former members of the Court. The text also provides for the National Council of Justice (CNJ) and the National Council of the Public Ministry (CNMP) to develop similar standards for magistrates and members of the Public Ministry throughout the country.
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Among the minimum principles provided for are the obligation to preserve the “social perception of impartiality, integrity, honesty and good reputation” of the court; regulating the participation of ministers in public and private events; the requirement to declare remuneration or benefits received in external activities; and impediment rules in processes involving the interest of relatives up to the third degree.
In justification, the proposal maintains that, as it is not up to one Power to impose internal rules on another, the Constitution must establish guidelines for the Supreme Court itself and the control councils to adopt their respective codes.
Master Bank Case
The articulation of the PEC occurs amid the repercussion of the Banco Master case, which placed the actions of ministers Dias Toffoli and Alexandre de Moraes under scrutiny.
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This Thursday, the 12th, Toffoli confirmed, in a note, that he joined the corporate structure of the company Maridt, which was a partner in the Tayayá resort, in Paraná. In 2021, Maridt sold its stake in the project to a fund linked to banker Daniel Vorcaro, accused of leading a fraud scheme analyzed in a process reported by the minister himself. Toffoli states that he does not have a friendly relationship with Vorcaro nor has he received money from the businessman.
The statement was made in a note released after the Federal Police (PF) requested, on Wednesday, 11, the minister’s suspicion in the case involving Master, after finding mention of the magistrate’s name on Vorcaro’s cell phone.
In addition to mentions of Toffoli’s name in messages located on Vorcaro’s device, the PF also identified conversations between the banker and the minister. The information was reported by the website UOL and confirmed to Estadão by people with access to the results of the investigation.
The case also reached Moraes. In December, the newspaper The Globe revealed a R$129 million contract signed between Banco Master and the office of Viviane Barci, the minister’s wife.
The revelations expanded the debate on the need for specific rules to regulate the participation of ministers in private activities and the management of possible conflicts of interest, a topic that had already been discussed by the President of the Court, Minister Edson Fachin, and defended by sectors of Congress.
