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Fachin Drafts German-Style Conduct Code for Brazil’s Supreme Court as OAB-SP Endorses Plan

The plan remains off the docket pending internal consensus.

Overview

  • The draft would require justices to publicly disclose payments for lectures, publications and participation in private events, mirroring the German court’s transparency system.
  • Fachin is modeling the proposal on the Bundesverfassungsgericht’s 2018 guidelines that set standards for extrajudicial activities and public appearances.
  • Provisions under discussion include a one-year prohibition on consultancy or advisory work after leaving the bench and a continuing bar on representing clients before the court.
  • The São Paulo OAB judicial reform commission formally backed the initiative, presenting it as part of broader changes for Brazil’s superior courts.
  • The move follows renewed scrutiny of external ties, including criticism of Justice Dias Toffoli’s travel to Lima on a businessman’s jet while he handles a Banco Master case.