The Minister of the Federal Supreme Court (STF) Flávio Dino again defended this Sunday (26) a tightening of the rules to punish corruption in the Justice system, with increased penalties, immediate removal of those under investigation and automatic loss of positions after final conviction.
The proposals were presented in the article “How to punish corruption in Justice?”, published today in Correio Braziliense. In the text, Dino states that current control and punishment mechanisms “continue to be important”, but have proven to be insufficient given the increase and severity of cases.
More severe punishments
Among the points highlighted is the creation of more severe punishments for crimes such as corruption, embezzlement, malfeasance and influence peddling when committed by judges, prosecutors, lawyers and civil servants. For the minister, these conducts require more rigorous treatment as they directly affect the credibility of the system responsible for applying the law.
Dino also proposes changes to the rules of functional accountability. According to the suggestion, receiving a complaint would already lead to immediate removal from office, while a definitive conviction would imply automatic loss of office, regardless of the penalty imposed.
Another axis of the proposal is the expansion of liability for obstruction of justice. The idea is to more comprehensively classify conduct that prevents, delays or interferes with the progress of investigations and processes.
Public x individual interests
The minister argues that, when judicial decisions start to have “economic value”, corruption no longer affects individual interests and starts to compromise the public interest.
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“When the exercise of jurisdiction, an opinion or an indictment, for example, begins to have economic value and it is possible to use capital to obtain a position in one direction or another, corruption eliminates the public interest. It is at this juncture that it is necessary and urgent to ask “How to punish corruption in Justice?” However, more than asking questions, it is equally necessary and urgent to seek solutions that provide effective solutions”, says an excerpt from the article.
Changes in the Judiciary
Pressure for changes in the Judiciary has increased in recent months, after cases that raised doubts about the system’s ability to punish irregularities quickly and clearly. The main recent example is the Master case, which began as a problem in the financial system, but ended up involving judicial decisions and expanding the debate about the functioning of Justice.
Investigations into suspected billion-dollar fraud brought wear and tear to the system and reinforced the perception, in Brasília, that lengthy processes and divergent decisions can generate insecurity — not only in the Judiciary, but also in the economy, by affecting banks and investor confidence.
Given this scenario, the discussion about judicial reform gained strength. Dino had already defended a structural reform of the system, including the end of compulsory retirement as a punishment and the fight against benefits considered excessive.
Furthermore, the Federal Supreme Court (STF) itself is discussing the creation of a Code of Conduct for ministers, a proposal defended by the president of the Court, Edson Fachin. The idea is to establish clearer rules of action and reinforce confidence in the court’s decisions.
