Fachin advocates for 4 fronts of changes for greater efficiency in STF
The STF (Supreme Court) minister Edson Fachin defends 4 fronts of changes to give greater efficiency to the Court’s performance. The minister received the report from Poder360 in his office.
The changes could be made in the short, medium, or long term (5 years or more).
Fachin advocates changing the collegial practice, with a reduction in the time to render votes and more speed in returning processes with a request for review.
“I returned all processes in which I requested a review on time,” said the minister.
According to article 134 of the STF’s internal regulations, if any of the ministers request a review of the records, they must present them for the continuation of the vote until the 2nd subsequent ordinary session. But the deadline is usually not met.
Regarding the time for ministers to vote, after the creation of TV Justiça, the judgments gained an average of 26 pages. The increase represents extra time of up to 50 minutes for reading. The data is part of a doctoral research by Felipe de Mendonça Lopes, from the School of Economics of the Getulio Vargas Foundation, published last year.
“The main result is that judges behave like politicians: when they are given free television time, they act to maximize their individual exposure. For this, they write longer votes and interact more frequently with their peers,” the researcher concluded.
In another front, Fachin advocates for regulatory changes in the Court. He participates in the Court’s regulatory committee, where changes to the rules governing the Supreme Court are discussed. The minister did not want to anticipate what is being discussed in the committee chaired by Minister Luiz Fux.
Fachin also favors the possibility of the court making the accused defendants in a monocratic manner, as is done in the 1st Instance:
“You would have to change the law. But if they asked me [if I am in favor], I would say yes,” he said.
Today, the average time for receiving a complaint in the Supreme Court is 581 days, according to data from the Strategic Management Advisory of the STF. In the Supreme Court, the stage is concluded in a collegiate session, which is subject to requests for review and oral defense, dragging discussions for longer. On the other hand, a 1st grade judge usually makes the accused a defendant in less than a week.
Finally, Fachin advocates that the debate be resumed to make the Supreme Court a Constitutional Court. He advocates, for example, that the STJ (Superior Court of Justice) analyzes extradition requests, currently the exclusive responsibility of the STF.”
Source: Poder 360
