The president of the Federal Supreme Court (STF), minister Edson Fachin, defended this Monday (16) the Court’s self-restraint after extensive action in recent decades. The speech took place during a master class given to law students at the Centro Universitário de Brasília.
“Self-restraint is not weakness; it is respect for the separation of powers which, ultimately, is itself a constitutional requirement. We do not have the vote. We have the argument of the law and, above that, the argument of the Constitution. And precisely for this reason we can never give up justifying our choices, justifying our decisions, in a lucid, sensitive and rational way”, he said.
In his speech, the minister highlighted that there is a permanent tension between democratic legitimacy and constitutional jurisdiction. He also highlighted that a decision from a higher court has a binding effect on the entire public administration and the Judiciary of the country, which reinforces the need for quality in reasoning as an instrument of legal certainty, ensuring greater predictability and transparency.
“In my experience as a constitutional judge, I realize that this dilemma cannot be resolved on a theoretical level. It requires a permanent stance of institutional humility: recognizing that the courts have the authority to dictate the law, but they do not have a monopoly on political wisdom”, he stated.
Without directly mentioning the creation of the code of conduct for Court ministers, the president of the STF presented to the students ten principles that, according to him, should guide the actions of Brazilian judges.
Fachin stated that the judiciary’s guidelines are already contained in resolutions of the National Council of Justice (CNJ) and in international agreements to which Brazil is a signatory, while the principles highlighted by him fall more within the field of morality and ethics in the exercise of the function.
Continues after advertising
Among these principles, the minister highlighted that the constitutional jurisdiction needs to have the courage to decide, even when the law is ambiguous and the decision is unpopular, but that jurists “also need to have the humility to recognize their own limits” and that the courts are not omnipotent.
Code of Conduct
On the 9th, the minister had already stated that he intends to publicly present the code of ethics drawn up for the Supreme Court’s activities. However, Fachin has not yet provided an official date for the release.
The statement was given in a closed meeting with representatives of the Brazilian Bar Association (OAB) and the National Council of Justice. On the occasion, the minister also spoke about the investigations into the Master case and reinforced that he is “attentive to the facts”.
The proposal written by Edson Fachin provides, among the obligations, the mandatory disclosure of amounts received by ministers for participating in events and lectures. For retired ministers, the text also prohibits former members of the Court from advocating before the court and establishes a twelve-month “quarantine” so that they can return to providing consultancy and legal opinions.
The minister responsible for the report, Cármen Lúcia, highlighted that there is no democracy without an independent and impartial Judiciary, but that democracy itself imposes ethics, transparency and efficiency.
