President of the STJ admits “embarrassment” with sentence selling scandal

The president of the Superior Court of Justice (STJ), minister Herman Benjaminadmitted that the members of the court are embarrassed by the scandal investigated by the Federal Police (PF) regarding an alleged sale of sentences.

The scheme came to light in early September this year, when Benjamin had just taken charge of the court. The investigations led to the removal of judges, who became defendants, and are concentrated in states such as São Paulo, Tocantins, Bahia and Maranhão.

“From October 16, 2023 to October 15, 2024, 518 thousand cases entered the STJ. This means that each minister received 17 thousand cases. This means that, counting working days, ministers would have to decide on 197 processes. Dividing these working days by eight hours, there is approximately one process every five minutes per minister. I ask: is this viable? How can you imagine that a minister will have total control of his office when, every five minutes, a decision will be made?”, asks Benjamin, in an interview with the newspaper The Globe.

“We depend on servers. There are more than three thousand employees who are deeply saddened by this cloud that hangs over their work. We, the ministers, and the civil servants themselves, are very vulnerable to misuse by a minority of the minority of this power that each one has to draft a judicial decision that will then be signed by a judge. There is no institution in the world, not even in Scandinavian countries, that is absolutely immunized against cases of corruption”, says the president of the STJ.

Asked whether there were signs that the alleged sale of sentences involved civil servants, the president of the STJ stated that this is being investigated “internally”.

“Credible evidence was identified in relation to a server. This server had the PAD (Disciplinary Administrative Process) established and is now removed. And the investigation continues regarding the others. I hope we have this defined soon. As for the Federal Police, investigations are taking place, and I have no control over what is happening”, says Benjamin. “And I don’t even want to. What I can do, and have done, is collaborate. The seizure of computers has even been carried out. We sent them to the Federal Police.”

“What I can say is that the ministers of the STJ, without exception, are the most interested in a quick, complete and exemplary investigation of any isolated deviations in conduct in the processing of processes. We have hundreds of excellent civil servants, with recognized technical qualifications and, by personal vocation, dedicated to the republican exercise of public service. We are always keeping our eyes and ears open”, assured the minister.

“The embarrassment is collective, from all ministers, to see the name of the Superior Court of Justice involved in a wave of vague news. There is a deep bitterness. Our feeling is one of deep sadness, but at the same time we are certain that this topic will be investigated in depth. For those who eventually fail to comply with the law, may sanctions and other measures come.”

Anti-STF agenda in Congress

In the interview with GlobeHerman Benjamin was also asked about projects recently approved by the Constitution and Justice Commission (CCJ) of the Chamber of Deputies that limit the powers of the Federal Supreme Court (STF), the highest instance of the Brazilian Judiciary.

The CCJ approved a Proposed Amendment to the Constitution (PEC) that allows the Legislature to block decisions taken by the Supreme Court. The project was approved with 38 votes in favor and 12 against. The text still needs to be analyzed by a special committee of the Chamber and, subsequently, by the plenary.

Before that, the commission had already approved another PEC, which limits monocratic (individual) decisions by Supreme Court ministers. In this case, there were 39 votes in favor and 18 against.

“I don’t comment on facts from other Houses. But we can look at the world. What we saw in Brazil is no exception. What we are witnessing today are attacks, and the expression is this, in response or even in revenge to the constitutional and legal actions of judges and courts. Today, it could be in a Court. Tomorrow is in the other Courts. And, the day after tomorrow, in all judges”, warned Benjamin.

“And we cannot have a Rule of Law with frightened judges. And in many countries it is like this: the judge is afraid. The moment the judge is afraid, he is no longer a judge. All institutions are subject to control, whether by the popular vote or by other mechanisms that originate in the constitutional or legislative drafting of the popular vote. What you can’t have is revenge.”