At least half of the ministers of the current composition of the (Supreme Federal Court) see the president of the court, isolated and having difficulties in overcoming the internal erosion, worsened after the developments of the investigation into the .
According to reports made to Sheet by three ministers and close interlocutors of two others, Fachin’s stance and statements give ammunition to opponents of the Supreme Court, especially in the .
The assessment is that, at a time when the court is experiencing its crisis, Fachin has been more concerned with his own image than with those of his peers, in a mismatch capable of compromising the unity that the court needs to face an intense election year.
This Monday (16), during a master class at Ceub (Brasília University Center), Fachin said that respecting the separation between politics and justice and restoring the population’s trust.
“We can never give up justifying our choices and justifying our decisions in a lucid, sensitive and rational way. Without trust there is no legitimacy. And, without legitimacy, there is no authority that can be sustained”, he declared.
Last week, at an event at the STF, Fachin defended that judges act “healthily” and said that Justice cannot be “imprisoned in parochial interests, economic convenience or political calculations”.
Recently, decisions by ministers and Moraes on salary restrictions were seen as, in the sense that these would be the real ethical problems of the Judiciary, and not travel.
The same interpretation was made in relation to Dino’s decision to veto those who commit serious infractions, now subject to loss of position, without paid leave. The court order was signed this Monday (16).
Currently, ministers are at the center of the damage, due to mentions located on the cell phone of the former banker, owner of Master, suspected of leading a criminal organization dedicated to the practice of financial fraud.
Fachin follows everything in silence, which displeases a section of the court. A judge even advocated that he make a statement on national television to dispel the public’s perception that the court was under suspicion, but the idea did not take hold.
The president of the STF understands that, without fully knowing the process (the process is confidential), any manifestation would be hasty. However, part of the court assesses that, as a leader, he should assume public faith in the words of Toffoli and Moraes, which .
According to the ministers of this wing, Fachin’s isolation began when he received from the general director of , Andrei Rodrigues, a , then rapporteur of the Master case.
In the secret meeting in which the ministers debated the matter, on February 12, Fachin wanted to take the suspicion debate to a vote in the plenary the following day, but he only had the support of the minister.
The majority was against the measure, which would leave the court even more exposed. This intensified distrust of Fachin. The Toffoli court, which opted for . The case was reassigned to the minister. Toffoli ended up declaring himself a suspect last week, claiming that he should stay away from all trials on the subject.
Amid the repercussions of the Master case, Fachin has insisted on the need for a code of conduct to try to restore the image of the STF. The “timing” has been criticized internally, even by those who.
The absence of other colleagues from Fachin’s institutional agendas — such as the visit of the president of South Africa, Cyril Ramaphosa, and the meeting with court presidents, both last week — has also been seen as a sign of isolation.
Assistant Fachin said that he does not feel separated from others and that he works with all his colleagues to map out the court’s challenges, including in relation to high-profile cases, such as the and the direction of the .
On the other hand, magistrates reported to the Sheet that these conversations are, in general, generic and superficial, in which the president recognizes that there is a climate of tension, but without specifying what he intends to do to overcome it.
The president of the STF told people close to him that discretion has always been part of his career and his personality — and that defending the authority, moral integrity and impartiality of ministers is a non-negotiable flag of his management.
