Fachin attempts to ease STF division with group to study Judiciary reform

Edson Fachin, president of Brazil's Supreme Court (STF), has established a working group to study judicial reform, a move seen as an attempt to bridge internal divisions. The initiative follows proposals for more profound changes to the Brazilian justice system, initially raised by Minister Flávio Dino, who has voiced criticism of Fachin's plan to create a code of ethics. Ministers Gilmar Mendes, Alexandre de Moraes, and Cristiano Zanin also oppose the ethics code, arguing that the current climate, influenced by the Banco Master scandal, is not suitable for such a discussion. They believe that debating structural changes for the judiciary is more pressing. To mitigate the court's division, Fachin has invited jurists aligned with these dissenting ministers, including Rodrigo Mudrovitsch, president of the Inter-American Court of Human Rights, who is reportedly close to Gilmar Mendes. The study group is tasked with completing its report by the end of the year, with the aim of submitting it to the National Congress for potential legislative amendments. Concurrently, Fachin is proceeding with his plan to develop a code of ethics, with Minister Cármen Lúcia leading that effort. A third focus involves regulating the remuneration system, currently under discussion at the National Council of Justice (CNJ), where Fachin also presides. Fachin's overarching goal is to modernize and bring greater integrity to the judiciary through these parallel initiatives. He stated that the judicial reform aims to address issues such as high case backlog, excessive litigation, difficulties in accessing justice, institutional fragmentation, and challenges within the appeals system. The working group will consult academics, legal professionals, and representatives from various interested societal entities and institutions. Fachin emphasized that this is a state-level structural agenda, not solely a judicial one, and will involve participation from all three branches of government.

“

The objective of the judicial reform is to resolve problems such as the high rate of case congestion, excessive litigation, difficulty in accessing justice, institutional fragmentation, and changes in the system of appeals to judicial decisions.