Lula Government Leader Proposes Constitutional Amendment for STF Ethics and Selection

Randolfe Rodrigues, the leader of President Lula's government in the National Congress, has presented a Proposal for Amendment to the Constitution (PEC) to establish a code of ethics for ministers of the Supreme Federal Court (STF) and change the rules for selecting magistrates for the Court. The proposal would make the National Magistracy Code of Ethics and Conduct mandatory for all judges in the country, including STF ministers. Under the PEC, ministers would be prohibited from receiving funding for travel or lodging and could not act in processes involving their own interests or those of spouses and relatives. It would also ban links to law firms practicing before their respective courts.

The PEC introduces a six month quarantine period for ministers after they leave office and prohibits them from suspending or restricting the effectiveness of a law through monocratic decisions. Additionally, the proposal would change selection criteria by prohibiting nominees from having held a public position of trust or maintained party affiliation in the six months prior to their nomination. This change would prevent presidents from appointing ministers who were part of their governments or affiliated with political parties. The proposal also seeks to place STF ministers under the supervision of the National Council of Justice (CNJ).

One source with a center right lean frames the proposal as being directly related to a crisis involving Minister Alexandre de Moraes and the Master Case, noting that the PEC comes amid investigations into the financing of a film about former President Jair Bolsonaro. This source reports that the measures are intended to increase accountability and legitimacy within the judiciary.