Edson Fachin, president of Brazil's Supreme Federal Court (STF), is pushing for an ethics code that even divides supportive ministers amid an image crisis tied to the Banco Master case. Supporters fear the debate could weaken the court and appear as an admission of faults. Fachin aims to build consensus, potentially delaying discussions until after elections.
Edson Fachin, president of Brazil's Supreme Federal Court (STF), is advancing an ethics code proposal that divides even supportive justices amid an image crisis linked to the Banco Master investigations. Internal assessments show Fachin has backing from most of the court's ten current members, making it a key initiative of his tenure. However, supporters hesitate over the timing, fearing it could undermine the court during a period of vulnerability.
The supportive group includes Cármen Lúcia (appointed rapporteur), Cristiano Zanin, Luiz Fux, André Mendonça, and Flávio Dino, who have diverged on major cases like the conviction of former President Jair Bolsonaro for a coup attempt. Critics, including Alexandre de Moraes and Gilmar Mendes, maintain that the Constitution and Loman (1979 National Magistracy Organic Law) suffice for regulation.
The Banco Master case highlights issues: Moraes' wife, lawyer Viviane Barci, signed a R$3.6 million monthly contract with the bank, per O Globo. Relatives of Dias Toffoli held stakes in a Master-linked fund, as reported by Folha. As rapporteur, Toffoli argued judges can own shares without directorships. Moraes denied personal conflicts and decried the 'demonization' of lectures.
Fachin is considering postponing substantive talks until after elections to build consensus through individual dialogues post-judicial recess. A Fundação FHC study recommends clauses on impartiality, integrity, and extended post-tenure quarantines. The lack of a formal draft fuels skepticism among justices.
