Justices of the Supreme Court violated laws and code of ethics with a trip paid for by Doria. The trip of justices of the Federal Supreme Court (STF) to New York, with all expenses paid by the Group of Business Leaders (Lide), of the former governor of São Paulo João Doria, violates the Law of the Public Servant, the Organic Law of the National Judiciary, the codes of ethics of the Judiciary and the Servants of the Supreme Court, in addition to the principles of impersonality and morality of the Federal Constitution. in the assessment of jurists.
During the trip to the United States, the Brazilian magistrates also attended a luxury dinner paid for by Banco Master, investigated in Operation Car Wash under the former name of Banco Máxima.
The owner of the financial institution is billionaire Daniel Vorcaro, who was also the subject of an arrest warrant in 2019 on suspicion of embezzlement of funds in pension funds for municipal public servants.
What the Laws Say
According to the text, “the Code of Conduct of the Senior Federal Administration (CCAAF), prohibits, in its article 9, the acceptance of a gift given by a person, company or entity that has an interest in the decision of the authority or body to which it belongs”.
“The gift is considered to have been given according to the position whenever the offeror: a) is subject to the regulatory jurisdiction of the body to which the authority belongs; b) has a personal, professional or business interest in a decision that may be taken by the authority by reason of the position; (c) maintains a commercial relationship with the body to which the authority belongs; d) represents the interest of third parties, such as attorney-in-fact or representative, of a person, companies or entity included in the previous hypotheses”, details the guidance of the Public Ethics Commission of the Presidency of the Republic.
The violation of the laws practiced by the magistrates
Certainly, these companies that figure in the Lava Jato processes have an interest in obtaining favorable decisions in many of the cases they are responding to before the STF,” explains civil lawyer Afonso Oliveira, in an interview with Gazeta do Povo.
“This is a flagrant violation of this law, and more, a violation of the constitutional principles of impersonality and morality.”
Alessandro Chiarottino, a lawyer with a PhD in Law from the University of São Paulo, adds that “there is a significant problem, both constitutional and related to the Organic Law of the Judiciary (Complementary Law 35/1979), which prescribes a conduct of more discretion than the justices have been observing.
Acting against the code of ethics
Article 17 of the Code of Ethics for the Judiciary states that “it is the duty of the magistrate to refuse benefits or advantages from a public entity, a private company or an individual that may compromise his or her functional independence.”
On the other hand, the Code of Ethics for Employees of the Federal Supreme Court (approved by Resolution 711/2020) points out that among the “prohibitions on the STF server” is “receiving benefits of transportation, lodging or any favors from private individuals that violate the principles of the Code of Ethics.
Some of the principles are to “avoid situations that conflict with their professional responsibilities and that may affect the performance of their duties (…) to ensure that the acts of private life do not compromise the exercise of their duties.”
Ministers at Doria’s Lide Conference Brazil in the USA
Justices Alexandre de Moraes, who is also president of the Superior Electoral Court (TSE), Gilmar Mendes, Luís Roberto Barroso, Dias Toffoli and Ricardo Lewandowski traveled to speak at the Brazil Conference, held on November 14 and 15. Minister Antonio Anastasia, from the Federal Court of Accounts (TCU), also participated.
The speakers of the Brazil Conference traveled at the invitation of Lide, which paid for air tickets, lodging, food and transfers.
On Sunday night (13), Ministers Alexandre de Moraes, Gilmar Mendes, Luís Roberto Barroso and Ricardo Lewandowski participated in a “welcome dinner” for conference participants, at Fasano New York, in the 5th Avenue region.
With information Gazeta do Povo
