The president of the (Supreme Federal Court), implemented a study group to debate a broad reform in the Judiciary, designating jurists close to the ministers as components and —a nod for consensus in a —.
Gilmar and Moraes, as well as and , have been critical of Fachin’s management and the “timing” of the proposal for a code of conduct for ministers, amid attacks on the STF resulting from the . The president of the court consulted them about the creation of the new committee and received signs of receptivity.
The assessment of Gilmar and Dino’s group is that the discussion about a reform of the Judiciary, like the one now taken up by Fachin, is more interesting and necessary than a set of rules on travel and public demonstrations by judges. The code of ethics, however, will continue to be processed in parallel, under the minister’s report.
To justify the creation of the group, Fachin cited, in an ordinance signed this Thursday (11), “the contemporary challenges” that the Justice system has faced to improve governance, adapt to digital transformation, be faster and.
The rapporteur of the proposals for the reform will be federal judge Ney Bello, from TRF-1 (Federal Regional Court of the 1st Region), close to Gilmar and Dino. Former attorney general of the Union Jorge Levi, who was Moraes’ right-hand man at the Superior Electoral Court, is also part of the group, which has 17 other members.
The initiative is yet another attempt by Fachin to address the strain that has put the court under pressure, amid the Master crisis and internal clashes over the construction of an ethical agenda for the court and the judiciary.
If, on the one hand, the code of conduct does not have broad support within the Supreme Court, a general reform of the Judiciary —which has not occurred since 2004— has a better chance of reaching consensus, according to interlocutors of four ministers. The theme should also gain space this year.
Dino, who is from the group opposite Fachin in the STF’s correlation of forces, defended in April an approach that would increase the severity of crimes committed by judges and prosecutors and regulate “rights, duties, remuneration, impediments, ethics and discipline of legal careers”.
At the time, Fachin stated that the idea deserved “applause and support” and reinforced the perception that “institutional credibility depends on the ability to recognize flaws and correct them firmly and fairly.” The president of the STF wants the first proposals from the new group to be presented by the end of the year.
Fachin told TV Justiça that the group arises from “an evident need” to systematize the main bottlenecks in the Judiciary through active listening to jurists, academics, entities and institutions. According to him, the problems range from procedural congestion and excessive litigation to “a certain institutional fragmentation in Brazil”.
The president of the Supreme Court said that the group must prepare a report at the end of the work and that this could become a legislative proposal to be forwarded to the National Congress. He highlighted that this is “a structuring State agenda” and that it requires dialogue between all Powers.
Regarding the code of ethics for the STF, the minister highlighted that this is an objective of his management and that it will advance independently, as well as the debate on the remuneration system for the judiciary, which takes place within the scope of the CNJ (National Council of Justice). “There are three parallel agendas, convergent agendas, but they are autonomous paths that will continue.”
The study group on the modernization of the Judiciary will be chaired by the general coordinator of the STF’s Center for Constitutional Studies, Fernando Scaff. STJ (Superior Court of Justice) ministers Luiz Alberto Gurgel de Faria and Mauro Campbell Marques are also part of the committee, as is the president of the Inter-American Court of Human Rights, Rodrigo Mudrovitsch.
The list also includes jurists Ana Paula de Barcellos, Ana Lya Ferreira, Cassio Lisandro Telles, Christine Peter da Silva, Ingo Sarlet, Luciana Jordão de Carvalho, José Theodoro de Carvalho, Kátia Arruda, Manuellita Hermes, Oscar Vilhena, Sergio Renault, Vanessa Ribeiro Mateus and Vera Karam de Chueiri.
