Brazil's CNJ Seeks Public Input on Judicial Conflict of Interest Rules

The National Council of Justice (CNJ) in Brazil has given all courts a 60-day deadline to provide feedback on a proposed policy aimed at preventing conflicts of interest within the judiciary. This initiative was put forth by Edson Fachin, the president of both the CNJ and the Supreme Federal Court (STF). If approved, these measures will apply to all courts, with the STF being a notable exception as it is developing its own ethics code for ministers, also spearheaded by Fachin. Fachin emphasized the importance of judicial independence and impartiality for ensuring access to justice and maintaining public trust in judicial decisions, noting that the current National Magistracy Ethics Code dates back to 2008. The proposed rules address various scenarios, including judges' participation in events, private activities, and the acceptance of gifts, as well as relationships with relatives. Specific guidelines are being developed for events funded by third parties, requiring transparency and an assessment of potential risks to independence or impartiality, particularly if the funder has pending cases in the relevant court. The receipt of gifts will also be evaluated on a case-by-case basis, adhering to principles of impersonality, prudence, proportionality, transparency, and functional independence. Following the 60-day consultation period, the CNJ has 120 days to issue a National Guide for the Prevention and Management of Conflicts of Interest. Subsequently, all courts will have 180 days to implement these new regulations.