The president of the (Supreme Federal Court), defended on Tuesday (2) that judges be discreet and stated that “institutional silence is often worth more than individual protagonism”, in the midst of a comment for members of the court.
“Not all visibility strengthens institutions. The magistrate’s authority is not born from the frequency of his demonstrations, it is born from the quality of his decisions”, he said. “Serenity and discretion, prudence and restraint are virtues that produce trust. Each judge must be an entrepreneur of trust”, he declared.
Fachin spoke during a congress of the (Superior Court of Justice) in Brasília whose theme was judicial ethics, at a time when members of the court, which organized the conference, face an investigation for the sale and leaks of judicial decisions. Last Wednesday (27), the PGR (Attorney General’s Office) for the case, including a lobbyist and former STJ employees.
The congress is also a kind of counterpoint to the Lisbon Forum, the “Gilmarpalooza”. According to the Sheetthe case and the code of ethics made authorities rethink going to the event led by . The dean of the STF of the forum.
According to Fachin, judges are not only observed when they judge, but also when, for example, they decide to speak or choose to remain silent. Therefore, the president of the STF stated that each public demonstration by judges affects the collective perception of the Judiciary.
“Each hearing, each sentence, each decision, each public demonstration, each gesture. Everything communicates, educates, projects to society a certain image of Justice itself. Therefore, institutional responsibility accompanies magistrates at all times of their trajectory and in all places.”
In his speech, the judge also stated that there is no separation between an ethical stance applied in public life and another in private life. According to him, independence and impartiality cannot be personal privileges.
“Integrity is indivisible. Crises are not fueled when transparency and suitability are given to acts carried out both in public and personal life. People need to want and have reasons to trust the Justice system. And trust is not decreed, trust, as we all know, ministers of the STF and STJ, are earned”, he said.
The president of the Supreme Court also defended the need to reinforce that “people pass” and that “no one is above institutions”. For him, ethics can only be exercised in an environment that allows criticism, transparency, accountability and control over the exercise of power.
“[A magistratura] It is also a career of responsibilities. Independence, impartiality, efficiency, probity, intellectual discipline. These are not values that restrict the judge’s freedom, on the contrary, they are conditions for his moral authority. Therefore, honesty and probity are not mere speeches, they must be practices. You don’t just educate yourself through words, you educate yourself through behavior,” he said.
“Whoever protects the Constitution will certainly face misunderstanding, whoever seeks impartiality will endure criticism”, he added.
Rapporteur of the code of conduct adopted by Fachin, the minister also participated in the STJ event on Monday (1st). She in Brazilian courts and demanded that judges also adopt an ethical stance.
Cármen Lúcia was announced as rapporteur for the text in February, but has not yet presented the document. The creation of standards to guide the actions of Supreme Court ministers gained strength after the connections between the ministers and the bank were revealed.
Moraes’ wife, lawyer Viviane Barci, while Toffoli shared, through a family business, a partnership with an investment fund linked to the former banker. He declared himself a suspect to judge proceedings in the case and .
