Mendes's remarks on cases violate judicial law, experts say

Supreme Court Justice Gilmar Mendes has drawn criticism from legal experts for allegedly violating Brazil's Organic Law of the Judiciary. His recent statements during an interview on TV Cultura's Roda Viva program have been flagged as breaches of judicial conduct. Experts argue that Mendes expressed opinions on pending cases and made disparaging remarks about colleagues' decisions, which is prohibited by law.

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opinion on a pending trial or of other magistrates.

Specifically, Mendes commented on a case involving Minister André Mendonça, referring to a decision as a "gross error." He also discussed a ruling by Minister Kassio Nunes Marques at the Superior Electoral Court (TSE) concerning an electoral poll, predicting that the Supreme Court would overturn it. Furthermore, Mendes offered his prognosis on a preliminary injunction he himself issued regarding impeachment rules, stating it would "certainly be approved" by the full court.

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gross error

Carlos Ari Sundfeld, a law professor at FGV Direito SP, called Mendes's remarks about the TSE "clearly inadequate," emphasizing that such criticism is only permissible within official case files. Sundfeld also noted that while other statements might be on the "limit of acceptability," they are still considered improper for a Supreme Court justice. He observed a broader trend of "excessive media exposure" by Supreme Court members on legal matters, sometimes bordering on analyzing ongoing cases and decisions within the court itself.

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Certainly it is not a jurisprudence that will be maintained.