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STF must accept that decisions can be contested by public opinion, says Fachin

From Folha de S.Paulo · () Portuguese

Translated from Portuguese, summarized and contextualized by DistantNews.

At a glance

News Named sources Context piece
  • The president of Brazil's Supreme Court, Edson Fachin, stated that the court must accept public debate and challenges to its decisions.
  • Fachin acknowledged that the court handles issues of significant social impact and that institutional strength comes from engaging with criticism.
  • He also reiterated calls for prudence and discretion among judges and highlighted challenges in communication and case duration.

Brazil's Supreme Court (STF) president, Edson Fachin, has asserted that the judiciary must be open to public scrutiny and accept that its decisions can be contested. Speaking at the opening of the court's second semester of trials, Fachin emphasized that the STF deals with matters of "great social repercussion," necessitating a willingness to engage with public debate.

the ministers analyze themes of 'great social repercussion' and, therefore, must accept that their decisions are debated and contested by public opinion.

— Edson FachinPresident of the STF, stating the court's need to embrace public debate.

Fachin addressed the court's recent image challenges, particularly those arising from the Banco Master case. He stated that the institution's strength lies not in avoiding criticism but in its capacity to coexist with it calmly. He believes that such tension, when conducted within republican boundaries, strengthens democracy rather than weakening the institution.

the institutional strength of the Supreme Court 'does not reside in the absence of criticism, but in the capacity to coexist with it without losing the necessary serenity.'

— Edson FachinExplaining how the court should handle public criticism.

During his address, Fachin also reinforced his commitment to promoting prudence and discretion among judges, a key focus of his tenure. He recalled his earlier attempt to establish a code of conduct for magistrates, which faced internal resistance. Fachin consistently reminds judges of their responsibility, emphasizing the human element behind each case and the need for careful, swift, and dedicated handling of legal matters.

This tension, when exercised within republican limits, does not weaken the institution. It strengthens democracy.

— Edson FachinOn the positive impact of constructive criticism on the judiciary.

Looking ahead, Fachin identified clearer communication of decisions and reducing case processing times as significant challenges. This comes amidst ongoing criticism regarding the prolonged duration of investigations, such as the seven-year-old "fake news" inquiry. Fachin concluded by advocating for harmonious relations between the branches of government, stressing the continuous importance of dialogue between the court, society, and the executive and legislative powers.

Behind every number, there is a process. Behind every process, there is a person and a controversy that awaits a response from the State. I always repeat this image in my speeches because we can never forget this responsibility that accompanies us, and that demands prudence, discretion, celerity, and dedication from us.

— Edson FachinReminding judges of their duty and the human aspect of their work.
DistantNews Editorial

Originally published by Folha de S.Paulo in Portuguese. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

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