STJ leadership says 'Executive does not control the Judiciary' and expresses support for the STF

Amid U.S. government sanctions on Supreme Court justices, the leadership of the Superior Court of Justice released a manifesto supporting the highest court on Tuesday, the 22nd. The document states that "attempts at political interference, whether national or international, in its functioning and the independent actions of its members are unjustifiable, from any perspective."

The manifesto is signed by four ministers: the president of the STJ, Herman Benjamin; the vice-president, Luís Felipe Salomão; the national inspector of Justice, Mauro Campbell Marques; and the director of the National School of Magistracy, Benedito Gonçalves.

For them, "internal or external interference in the free operation of the Judiciary contradicts the pillars of the rule of law." Without directly mentioning the Bolsonaro case and the sanctions announced by the American president—tariff hikes and the visa suspension of eight Supreme Court justices—the note emphasizes that attempts to "pressure or threaten judges (and their families) in the hope that they will change or distort the application of the law" undermine the principle that the law "should apply, with equal weight, to all, without privilege or persecution."

The text highlights the idea of the independence of the Judiciary, by recalling that Brazilian magistrates are chosen based on 'merit, after passing a very difficult national public exam'.

“The Executive Branch does not control – and it would be unthinkable that it would attempt to do so – the functioning of the Judiciary, whether to halt trials or to guide the outcome of trials,” the note highlights.

"Finally, in Brazil, decisions of courts with national jurisdiction are made or confirmed collegially. Furthermore, our civil and criminal processes provide for a wide range of appeals. Therefore, there are robust checks and balances that ensure the integrity and integrity of the judicial system."

READ THE STJ SUMMIT MANIFESTO

"As the Constitutional Court of Brazil, the Supreme Federal Court plays a fundamental role in defending the democratic rule of law, fundamental freedoms, and human rights. Therefore, any attempts at political interference, whether national or international, in its functioning or in the independent actions of its members are unjustifiable from any perspective.

Today, Brazil is a vibrant democracy, with free elections and a free press, strong institutions, a separation of powers, and limits on state activity based on the presumption of innocence and due process. The principles of a democratic society are clearly enshrined in the Brazilian Constitution. The first of these is sovereignty, a non-negotiable condition in Brazil and worldwide.

Brazilian federal and state judges are chosen based on merit, after passing a highly demanding national public exam. The Executive Branch does not control—and it would be unthinkable that it would attempt to do so—the functioning of the Judiciary, whether to halt trials or to direct the outcome of trials.

In our relations with other countries, under the 1988 Constitution, our conduct is guided by equality among nations, non-intervention, and the peaceful resolution of conflicts. Among the principles enshrined in the Constitution, it should be repeated, is, in Article 1, respect for sovereignty—our own and that of others.

Internal or external interference in the free action of the Judiciary goes against the pillars of the Rule of Law, as it would erode the independence, impartiality and probity required of judges.

Pressuring or threatening judges (and their families) in the hope that they will change or distort the application of the law weakens and delegitimizes the essence of a standard of justice based on the maxim that the law is and should be valid, with the same weight, for everyone, without privilege and without persecution.

These are the values that must be defended, today and always.

Finally, in Brazil, decisions of courts with national jurisdiction are made or confirmed collegially. Furthermore, our civil and criminal processes provide for a wide range of appeals. Therefore, there are robust mechanisms of checks and balances that ensure the integrity and seriousness of the judicial system.