OAB-SP sends proposal for a digital code of ethics to the STF
The São Paulo section of the Brazilian Bar Association (OAB-SP) sent the president of the Federal Supreme Court (STF), Edson Fachin, a proposal for a Digital Code of Ethics for the STF. The code provides guidelines for ministers’ stance in the digital environment, such as prohibiting them from commenting on processes that may come to judgment, disclosing internal or confidential information and maintaining “digital interactions” that compromise their impartiality.
The proposal also suggests that the distribution of cases among ministers must follow “objective and previously established criteria” and that any change in the systems or rules for distributing cases must go through a formal procedure. Today, there is no transparency about the algorithms of the system that selects process rapporteurs.
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Another proposal is that ministers publicly declare their shareholdings, including spouses and first-degree relatives, and that they are prohibited from acting in processes involving entities in which they have an economic interest.
The document was prepared by the OAB-SP Judiciary Reform Study Commission in addition to the proposed code of conduct sent to the Supreme Court in January. The commission is made up of former Supreme Court ministers, such as Ellen Gracie and Cezar Peluso, former Justice Ministers Miguel Reale Jr. and José Eduardo Cardozo and other experts.
The adoption of a code of conduct for the Supreme Court is one of Fachin’s priorities in his tenure as head of the Court, but the idea faces internal resistance. The debate gained strength after signs emerged of possible conflicts of interest involving ministers Dias Toffoli and Alexandre de Moraes and Banco Master.
