São Paulo Bar Association calls for Supreme Court code of conduct

The establishment of a code of conduct for justices of superior courts is a flagship policy of Chief Justice Edson Fachin, and has the support of the commission, formed by renowned experts and members of the OAB-SP. Among its prominent members are former chief justices Ellen Gracie and Cezar Peluso and former ministers of Justice José Eduardo Cardozo and Miguel Reale Junior.

According to the commission’s schedule, its proposals will be presented to the Supreme Court and the National Congress by the middle of the year. Issues such as term limits for ministers, rules for recusal and disqualification (when a magistrate abstains from judging a case), and monocratic (individual) decisions are also on the workgroup’s agenda.

After the recent controversies involving Supreme Court justices, the commission is shielded from any accusations of bias because it has been debating these issues since its creation in June 2025, according to the president of the OAB-SP, Leonardo Sica.

“Our work is isolated from these cases, precisely so as not to personalize or contaminate the debate. The outcry only proves that this is an urgent need. And we do not have a vision of antagonism or revenge against the court. On the contrary, [our work] is a defense [of the court]. We want to strengthen it, because we need a solid, independent and credible Judiciary,” Sica says.

In a speech at the launch of the commission, Peluso stressed the need to protect the Judiciary at a time when “criticisms that contribute to its disrepute” are intensifying. Along the same lines, Gracie said that the crisis “will not be resolved only with the judges,” nor “against the judges,” but rather with the participation of the whole society.

Sica understands that lawyers must also contribute to what he calls a “great effort to adjust ethical conduct” and observe limits to their actions. “Legal professionals must make the effort to submit to rules that are consistent with what we expect from the judiciary,” he argues.

The commission is collecting, until February, contributions from the more than 380,000 professionals registered with the OAB-SP on the functioning of the justice system. The form for submitting contributions, which will serve as the basis for the final document, asks lawyers about aspects such as the slowness of the judiciary, the way Supreme Court justices are chosen, and disrespect for consolidated jurisprudence in the higher courts.

“The path towards improving republican mechanisms of transparency and control of all branches of government, including the judiciary, is an inevitable and essential path for the development of democracy,” says Patrícia Vanzolini, former president of the OAB-SP and also a member of the commission.

Vanzolini downplays internal resistance in the courts to new rules, noting that there are also members making public statements of support, and says that “the establishment of a clearer and more rigorous code of conduct for the judiciary” is fundamental. In her view, “express support” from society for the cause is key for the debate to move forward “in a transparent way.”

In addition to the OAB-SP, organizations such as the Fernando Henrique Cardoso Foundation are involved in the discussions. The organization linked to the former president Fernando Henrique Cardoso sent a proposal for a code of conduct to the Supreme Court in October, including provisions such as the disclosure of remuneration or benefits received for participation in external activities.

Some of the jurists who contributed to the foundation’s document are also members of the OAB-SP commission, such as Peluso, Cardozo and law professor Oscar Vilhena Vieira, from FGV Direito SP.

In parallel, a manifesto initially signed by economists, businessmen and intellectuals was launched in early December and later opened to the general public for signatures on the internet. By Friday (16), the document requesting the establishment of rules of conduct had gathered more than 14,000 signatures.