Amid the image crisis of the (Supreme Federal Court) and internal disputes between members of the court, the minister proposed, this Monday (20), a new reform of the Judiciary.
The initiative, exposed by the minister in an article published on the ICL Notícias portal, opens a partnership with the court president’s group, around an ethical and moral agenda for the judiciary.
“Brazil needs more Justice, not less, as certain superficial discourses about supposed ‘self-restraint’, seen as a ‘philosopher’s stone’, seem to intend”, criticizes Dino in the article. in its management.
The president of the STF, however, has told interlocutors that he does not see a climate of tension in the court, but natural disagreements on institutional matters. Wanted by SheetFachin stated, through the court’s communications department, that Dino’s initiative “deserves applause and support” (read more below).
Dino proposes the creation of more rigorous criminal offenses for crimes committed by judges and prosecutors and cites the need to regulate “rights, duties, remuneration, impediments, ethics and discipline of legal careers”.
The two suggestions are added to 13 others that, according to him, “demonstrate the need for a true reform of the Judiciary, which resolves concrete problems currently experienced by companies and citizens, in addition to the Public Power itself.”
Since February, decisions made by Dino have been interpreted as messages to Fachin and as a form of punishment for offending magistrates.
Dino’s interlocutors claim that, while Fachin insists on the approval of a law to regulate, for example, public demonstrations by ministers, the real problems of the Judiciary are of a different nature.
“Superficial changes, based on easy slogans, or of a purely retaliatory nature do not strengthen Brazil. What strengthens it is fast, accessible and reliable justice”, wrote Dino in the article.
One of the first points of Dino’s reform makes an indirect reference to proposing to create “criteria for issuing court orders and for assigning such credits to companies and funds, aiming to eliminate reckless and fraudulent court orders.”
The minister also proposes “appropriate processing of processes in , avoiding the undue prolongation currently occurring, causing legal uncertainty and turmoil in the political sphere, as is currently occurring in two States”.
Dino refers to the cases of Roraima and Roraima — the respective governors responded to impeachment processes that until they were effectively ruled on by the (Superior Electoral Court).
The matter led to an exchange of barbs between the dean of the court, , and the president of the TSE, , in last week’s session. The minister said that she followed all the rites and that the allegation that the cases were “stayed in a drawer” is not valid.
Dino’s list also sets “limits for the use of legal processes” and more transparency in the collection and use of resources that make up the Judiciary Modernization Fund.
Another suggestion from Dino is the creation of specialized bodies, in all courts, to speed up processes involving crimes against the person, crimes against sexual dignity and administrative improbity.
The minister also says that STF decisions on topics that involve great interests, such as climate denialism, and , have increased debates in society about the role of the court.
“The STF was targeted, without, however, bowing to impositions, which probably amplified vile feelings. On the other hand, it is unequivocal that in a world marked by so many inequalities, conflicts and institutional precariousness, reforms are welcome, when inspired by the public interest and coated with technical consistency”, he stated.
Dino states that the last reform was 22 years ago and that the time has come for the bodies that make up the Justice system and the entities representing its members to debate “a new cycle of constitutional and legal changes”.
Fachin informed, through the STF’s communications secretariat, that Dino brings “a timely and well-structured reflection on the need to improve the Judiciary, treating the issue with institutional seriousness and a sense of republican responsibility.”
“By avoiding simplistic solutions, the text values a consistent diagnosis and proposes paths that dialogue with the real demands of society, especially with regard to efficiency, transparency and strengthening public trust in institutions.”
Fachin highlighted the emphasis that Dino gave “to ethics and functional responsibility, without losing sight of the essential guarantees of the judiciary”. For the president of the STF, the proposal soberly balances judicial independence with control mechanisms, “reinforcing the idea that institutional credibility also depends on the ability to recognize flaws and correct them firmly and fairly.”
“Finally, the text contributes to qualifying the public debate by treating the reform of the Judiciary as a continuous, open and plural process. By stimulating reflection and dialogue, it offers a solid basis for building consensus, always guided by the public interest and the preservation of the values that support the Rule of Law”, concludes the president of the STF.
