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Fachin Sets New Tone at Brazil’s Top Court as Barroso Weighs Early Exit

With a social‑rights docket and integrity measures on deck, the Supreme Court’s new leader recalibrates priorities while Brasília awaits Barroso’s post‑retreat decision on whether to vacate a politically potent seat.

Overview

  • Justice Luís Roberto Barroso said he is considering all options, including staying on the Supreme Federal Court, and will decide after a planned October spiritual retreat, noting past conversations with President Lula and denying any agreement for a diplomatic post.
  • Justice Edson Fachin assumed the presidency of the Court for a two‑year term to 2027 and launched initiatives on transparency, integrity and racial inequality, including an Integrity and Transparency Observatory, a Racial Task Force and support for the “Pena Justa” program.
  • Fachin’s first agenda features cases on app‑based workers’ employment status, changes to conservation‑unit boundaries, age‑based health‑plan increases and whether police must advise suspects of the right to remain silent.
  • Speculation over a possible Barroso vacancy has intensified, with AGU chief Jorge Messias, Senator Rodrigo Pacheco, TCU minister Bruno Dantas and CGU head Vinícius Carvalho cited as contenders; Justice Minister Ricardo Lewandowski publicly lauded Messias’s standing with the Court.
  • Vice‑president Alexandre de Moraes forecast two challenging years given national and international pressures, after being targeted by U.S. Magnitsky sanctions, as political tensions persisted with criticism of Governor Tarcísio de Freitas’s visit to Jair Bolsonaro and his defense of an amnesty.