Judiciary integrity must start at the top, experts say at Folha seminar

Judicial integrity reforms in Brazil must begin at the highest levels, including the Supreme Court, and encompass all legal professionals, according to experts at a Folha de S.Paulo seminar. The event, co-hosted with the OAB-SP and AASP, focused on integrity, efficiency, and access to justice.

Supreme Court President Edson Fachin opened the seminar, calling for transparency and announcing a draft law on judicial remuneration expected by year-end. However, Marcelo Semer, a judge from the São Paulo Court of Justice, expressed frustration with the Supreme Court's perceived detachment, stating, "Integrity has to be from top to bottom." He noted that while the National Council of Justice is discussing conflict-of-interest rules, these would not apply to the Supreme Court, which is not subject to the CNJ's directives.

Gabriela Lotta, a professor at FGV EAESP, pointed to the judiciary as the "least representative" branch of government, citing data that 65% of judges are men and 80% are white. "When society looks at a photograph of the judiciary, it thinks: ‘I am not represented by this branch,’" she said, arguing that this disconnect leads to decisions that do not align with the public's profile. Lotta also criticized mechanisms that grant judges salaries far exceeding public service caps, particularly for state court judges, stating that such inequality undermines trust among other government branches.

Former National Secretary of Justice Beto Vasconcelos identified a congested, slow, and expensive judicial system as a flaw that impacts its integrity and delivery of justice. He stressed the need for comprehensive reform and advocated for lawyers' involvement in discussions on ethics and integrity. The seminar highlighted deep-seated issues within Brazil's judiciary, from representation and salary disparities to systemic inefficiencies, underscoring the complex challenges in achieving true judicial integrity.