At the end of a semester marked by internal conflicts in the (Supreme Federal Court), the president of the court, said this Wednesday (1st) that disagreements between ministers “are an expression of institutional health, and not of weakness”.
Fachin spoke at the last plenary session before the July recess and stated that, in the first months of the year, the STF “honored the mission that the Constitution gave it”, responding to demands and acting with firmness and serenity.
“With the limitations typical of every institution formed by human beings, with the successes and inevitable errors that the exercise of jurisdiction entails, this court worked, a lot, in favor of Brazil. We are always together in defending the institutional interest”, stated the magistrate.
Throughout the semester, a group of ministers and demanded from the magistrate a more emphatic defense of the court amid the investigations into .
The proposal of a code of ethics for court ministers was interpreted by colleagues as a measure that fueled the court’s vulnerability, as were public statements by Fachin to the effect that “”.
The crisis escalated when the dean of the STF, , accused Fachin of and, in a harsh backstage dialogue, said that he was a “”. The president responded that his colleague was wrong. Afterwards, he released the processes to which Gilmar referred for trial.
This Wednesday, Fachin stated in the plenary that “distinct understandings of facts and processes” are part of a plural and independent court. “The dialogue between different legal perspectives is what gives legitimacy to our decisions and depth to our jurisprudence.”
“I want to note that this court is, above all, a space for listening: listening to each other’s arguments, listening to the country and, above all, listening to the Constitution,” he stated. “Democracy demands collective willingness to resolve conflicts through institutionality and dialogue.”
When looking ahead to the second half of the year, Fachin said that the court will focus on judging major issues of general repercussion and on improving internal instruments for procedural management, transparency and communication with society.
He did not mention the code of ethics, which is under the minister’s report. The minister intends to present a proposal this year, and there is an expectation that, from then on, the frictions will intensify again.
In the STF’s correlation of forces, Fachin has the support of Cármen, , and , while Gilmar is part of the group of , and . The minister moves between these two wings.
in recent weeks Gilmar and Fachin have signaled a truce. The president of the STF decided to implement one and received signs of receptivity from the dean.
The respective inauguration anniversaries, in June, also generated speeches in the plenary. There was also a sign of unity around a summary to regulate the so-called “” approved by the .
