Brazil's Supreme Court Justice Mendonça calls for reforms, limits on judicial 'innovation'

André Mendonça, a Justice on Brazil's Supreme Federal Tribunal (STF), has voiced his support for significant reforms within the high court, asserting that its role should be interpretative rather than creative.

In a recent interview, Mendonça stated that the STF should not engage in "creative innovation in the legal order," a practice he believes some decisions have exemplified. He also expressed disagreement with the notion that the Supreme Court is under threat, a concern shared by some colleagues. Mendonça views potential reforms initiated by the National Congress as a "perfectly natural" development.

Appointed by former President Jair Bolsonaro in 2021, Mendonça also declared his support for a code of conduct for STF ministers. He hopes the court's president, Edson Fachin, will succeed in this endeavor, emphasizing his willingness to support any ethical limitations or activities outlined in such a code.

Mendonça further advocated for removing the STF's original jurisdiction over criminal cases, a power he identifies as a major source of conflict between the government branches. He also proposed limiting the number of parties who can bring cases before the court, suggesting that some of this responsibility could be transferred to the Superior Court of Justice (STJ). These proposals, he argues, aim to foster a more balanced relationship between Brazil's judiciary and legislative powers.