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terça-feira, 13 de outubro de 2026

BRAZIL'S SUPREME COURT IN CRISIS: 14,213 CONSTITUTIONAL COMPLAINTS, RECORD PUBLIC DISTRUST, AND THE EROSION OF CONFIDENCE IN THE RULE OF LAW

 


BRAZIL'S SUPREME COURT FACES A DOUBLE CRISIS

14,213 Constitutional Complaints Filed to Protect the STF's Authority — While Public Distrust of the Court Reaches Record Levels

Constitutional Law, Judicial Accountability, Procedural Enforcement and International Human Rights

October 13, 2026 | Independent Legal Analysis

By AI CHATGPT 

EXECUTIVE SUMMARY

Brazil's Supreme Federal Court (Supremo Tribunal Federal, STF) has revealed two facts that must not be confused. 

First, 14,213 constitutional complaints were filed directly with the STF during 2025, largely through a procedural mechanism designed to challenge acts of other judicial authoritiesthat apparently disregards the STF's decisions, binding precedent, or constitutional jurisdiction.

 Second, independent public-opinion research in September 2026 reported 47% negative evaluation of STF justices and 48% institutional distrust of the STF itself .

The 14,213 complaints were filed before the STF; they were not 14,213 public complaints against the STF. 

This distinction governs the legal analysis. Constitutional complaints challenge specified acts of lower-court judges, appellate courts or, where the law allows, administrative authorities. Polls about the STF measure a completely different phenomenon: how voters assess or trust the Supreme Court.

In 2025, constitutional complaints represented 42.5%of all new original STF filings. 

Their number increased from 5,882 in 2021 to 14,213 in 2025 , a cumulative rise of 141.64%. 

The judicial system's obligation to respect binding constitutional rulings therefore deserves close empirical examination, but the volume of filings does not tell us how many complaints were ultimately upheld.

THE CENTRAL QUESTION: Why has resort to the STF to enforce its constitutional authority grown so rapidly at the same time that public confidence in the STF itself has sharply deteriorated?

1. WHAT THE STF'S OCTOBER 13 REPORT ACTUALLY SAYS

On October 13, 2026, the STF (Supreme Federal Court) published an institutional news report entitled “Complaints represent almost half of the new original proceedings in the STF.” The report explains that a complaint is presented directly to the Supreme Court when another judicial body encroaches on the Court's constitutionally assigned jurisdiction or when a judicial decision whose authority must be respected has allegedly been disregarded.

The report identifies complaints as the main factor behind the growth of original STF proceedings in 2024 and 2025 . Its official statistics concern cases received , not the number of completed judgments or a stock of pending cases. The distinction appears expressly in the report's chart caption on page 4 of the preserved article.

Primary source: STF, original news report, October 13, 2026 .

Terminology: The Portuguese legal name constitutional complaint is retained throughout. The word “complaint” here denotes a specialized constitutional proceeding, not a general grievance or complaint about the Supreme Court's own behavior .

2. WHO IS CHALLENGED IN A CONSTITUTIONAL COMPLAINT?

2.1. The challenged act normally comes from an authority outside the STF

In the context examined by the STF's news report, the complaint is designed to protect the Supreme Court's authority against legally defined acts of other bodies . A party may file the proceeding where a lower judge, ordinary appellate court or other competent authority is alleged to have ignored an applicable STF judgment, failed to apply a binding proposition, misapplied one, or usurped the Court's jurisdiction. Certain administrative acts may also be challenged under the constitutional and statutory rules.

The complainant is not asserting that the STF failed to follow its own decisions merely by filing an Rcl. The complainant brings an alleged breach by an external decision-maker to the STF for judicial review. Nor does the word “original” make the challenged decision an STF decision: “original” means the new complaint case begins before the STF rather than arriving as an ordinary appeal.

2.2. Legal function and limits

The remedy protects the authority of judicial decisions and the allocation of jurisdiction. A successful constitutional complaint may produce the quashing of the impugned judicial act, the annulment of an administrative act in the applicable cases, or another appropriate order to restore the authority of controlling law. Not every alleged legal error satisfies the requirements for an Rcl, and the remedy is not an unrestricted substitute for an appeal.

For that reason, the 14,213 filings reflect 14,213 instances of invocation of this mechanism , not 14,213 judicially established cases of disobedience. Only an examination of outcomes and grounds can determine how many challenging acts were found incompatible with the STF's binding authority.

3. CONSTITUTIONAL AND STATUTORY AUTHORITY

3.1. Federal Constitution, Article 102(I)(l)

The Federal Constitution assigns the STF original jurisdiction over complaints intended to preserve its jurisdiction and guarantee the authority of its decisions. This provision concerns enforcement of the Court's authority over acts that interfere with that authority , not the measurement of public approval of the justices.

3.2. Article 102(2), Article 103-A(3) and binding effect

Article 102(2) establishes binding effects for final merits decisions in the specified types of concentrated constitutional review. Article 103-A(3) provides a complaint mechanism against a judicial decision or administrative act that contradicts an applicable binding precedent statement or wrongly applies it. The Constitution expressly contemplates the quashing of a challenged judicial decision or the annulment of an administrative act when the complaint is sustained.

3.3. Code of Civil Procedure, Articles 988–993

Article 988 of the Code of Civil Procedure (Law 13,105/2015) provides the general framework for preserving court jurisdiction, protecting the authority of decisions and ensuring compliance with specified binding rulings. Article 989 allows the reporting judge to seek information and, if necessary, suspend proceedings or the challenged act. Article 992 regulates the consequences of granting the complaint, while Article 993 concerns immediate implementation.

The STF's own explanatory material describes the central function as preventing lower judicial authorities from undermining its jurisdiction or disregarding its decisions. Its jurisprudence demands a close correspondence between the challenged act and the invoked controlling precedent, rather than permitting a general appeal disguised as a complaint.

TABLE 1 — THE DISTINCT LEGAL FUNCTIONS OF A COMPLAINT

Legal basis Protected interest Possible challenged conduct
Federal Constitution, Art. 102(I)(l) Supreme Federal Court jurisdiction Another judicial body allegedly exercising jurisdiction constitutionally reserved to the STF.
Federal Constitution, Art. 102(I)(l); CPC Art. 988(II) Authority of STF decisions Judicial or, where applicable, administrative action apparently disregarding a legally operative STF order.
Federal Constitution, Art. 103-A(3); CPC Art. 988(III) Binding precedent statements Judicial decision or administrative act contradicting or misapplying an applicable binding summary.
Federal Constitution, Art. 102(2); CPC Art. 988(III) Decisions in concentrated constitutional review Failure to comply with the legally binding effect of a qualifying STF decision.

Source: 1988 Constitution and the current text of the Code of Civil Procedure; descriptions explain legal categories, not proven counts within the 2025 statistics.

Legislative update: Law 15,484 of August 4, 2026 modified Article 988, including a limited new provision involving qualified judgments of the Superior Court of Justice. That legislative development is subsequent to the 2025 period and cannot explain the 2025 totals. It must not be confused with the constitutionally defined role of the STF.

4. THE GROWTH OF CONSTITUTIONAL COMPLAINTS: 2021–2025

TABLE 2 — NEW CONSTITUTIONAL COMPLAINTS FILED DIRECTLY WITH THE STF

Year New Rcl filings Change from previous year Year-over-year change
2021 5,882 — —
2022 6,242 +360 +6.12%
2023 7,333 +1,091 +17.48%
2024 10,131 +2,798 +38.16%
2025 14,213 +4,082 +40.29%

Source: STF, October 13, 2026; annual changes calculated from the original numbers. Figures are annual incoming filings, not judgments finding noncompliance or the pending-case inventory.

Annual Rcl filings increased by 8,331 between 2021 and 2025, a cumulative rise of 141.64% . Particularly notable is the acceleration in 2024 and 2025: each year saw an annual increase close to 40%.

The central empirical question is therefore which categories of lower-court or administrative acts were being challenged , under which precedents, and with what results. Without outcome data, it would be inaccurate either to declare that all filed complaints proved judicial disobedience or to dismiss the rapid expansion as statistically meaningless.

5. COMPOSITION OF THE STF'S ORIGINAL CASE FILINGS

The STF's October 13 analysis states that constitutional complaints accounted for 42.5% of the Court's original filings in 2025. Habeas corpus petitions (HC) and ordinary appeals in habeas corpus matters (RHC) jointly accounted for approximately 48% . Together these categories represented approximately 91% of new original-case registrations. Concentrated constitutional review actions (ADC, ADI, ADO and ADPF) jointly represented approximately 1% .

TABLE 3 — COMPOSITION OF NEW ORIGINAL-CLASS FILINGS, 2025

Category Share Interpretation
Constitutional complaint — Rcl 42.5% A new case filed directly with the STF to defend specified judicial authority or jurisdiction.
Habeas corpus — HC; ordinary habeas corpus appeals — RHC Approx. 48% combined Procedural categories related to personal liberty; distinct from Rcl.
Rcl + HC + RHC Approx. 91% combined Concentration of the Court's incoming original-case classifications.
ADC + ADI + ADO + ADPF Approx. 1% combined Concentrated constitutional review.
Other original classes Residual share Not separately quantified in the article's textual summary.

Source: STF's Activity Report 2025 as summarized in its October 13, 2026 news article. Percentages are rounded as reported; combined or overlapping rows are not to be added.

The relatively small numerical share of concentrated constitutional review does not diminish its legal effects. A single constitutional judgment may establish binding rules affecting many courts and vast numbers of people. The volume of Rcl proceedings may therefore reflect the institutional challenges involved in transmitting, interpreting and enforcing the Court's legal directives across the judicial system.

6. PUBLIC DISSATISFACTION WITH THE STF IN 2026

Unlike the Rcl statistics, Datafolha's opinion surveys measure public evaluation of the STF itself . Datafolha reported on September 28, 2026 that 47% rated the justices' performance bad or very bad, up from 40% in May. The September result was the highest negative rating since that survey series began in 2019. Positive evaluation was only 18% , with 31% rating performance regular and 4% expressing no opinion.

TABLE 4 — EVALUATION OF STF JUSTICES' PERFORMANCE

Survey Good / Very good Regular Bad / Very bad No opinion
December 2025 32% 29% 35% 4%
March 2026 23% 34% 39% 4%
May 2026 — — 40% —
September 2026 18% 31% 47% 4%

Sources: Datafolha, March 17 and September 28, 2026. The September publication explicitly reports May's 40% negative evaluation; unverified May breakdowns are deliberately left blank.

From December 2025 to September 2026, the negative rating rose by 12 percentage points , while the positive rating fell by 14 points . This is a significant institutional development, distinct from whether lower-court judges comply with particular STF precedents.

It would be methodologically unsound to assert a direct causal relationship between the growth of Rcl filings through December 2025 and public-opinion results recorded in September 2026. The two series concern different subjects, different observation periods and different units of measurement. They may nevertheless be examined together as indicators of pressures on Brazil's constitutional system.

7. RECORD DISTRUST OF THE COURT AND PUBLIC DEMANDS FOR JUDICIAL ETHICS

7.1. Confidence and distrust

On September 21, 2026, Datafolha reported that 48% of voters did not trust the STF, compared with 43% in March. The September finding was the highest level in the institute's series beginning in 2012. In that same month, 14% trusted the Court a great deal and 35% trusted it somewhat.

TABLE 5 — TRUST IN THE SUPREME FEDERAL COURT

Answer March 2026 September 2026 Change
Trust a great deal 16% 14% -2 pp
Trust somewhat 38% 35% -3 pp
Do not trust 43% 48% +5 pp

Sources: Datafolha, March 17 and September 21, 2026. Nonresponses, which are not shown, account for rounding and remaining percentages.

7.2. Comparison with other Brazilian institutions

TABLE 6 — PERCENTAGE REPORTING IN THE TRUST, SEPTEMBER 2026

Institution No trust
Supreme Federal Court (STF) 48%
National Congress 45%
Political parties 45%
Presidency of the Republic 42%
Judiciary — judges and appellate judges 38%
News media 33%
Armed Forces 25%
Major Brazilian companies 23%

Source: Datafolha, September 21, 2026. Survey sampling error must be considered when interpreting narrow differences between institutions.

A further survey reported on September 14 found that 77% agreed people trusted the STF less than in the past, and 76% agreed the justices held excessive power. Yet 71% agreed the Supreme Court is essential to protecting Brazilian democracy. These findings demonstrate that a desire for stronger judicial accountability can coexist with recognition of the necessity of a constitutional court.

7.3. Public expectations regarding ethical standards

TABLE 7 — JUDICIAL CONDUCT CONSIDERED UNACCEPTABLE BY VOTERS

Conduct about which voters were asked Unacceptable
Hearing a case involving a party represented by the justice's relative 88%
Accepting invitations to events paid for by businesses litigating before the Court 85%
Issuing decisions to benefit or harm presidential candidates during the electoral period 82%
Being a partner in a private company while serving on the Court 78%
Receiving payments for lectures from private companies 78%
Giving public interviews or opinions about cases under judicial consideration 71%

Source: Datafolha, September 28, 2026. Descriptions are concise English paraphrases of the questions summarized by the institute; they are not findings against any particular justice.

The concerns reflected in these surveys are closely related to constitutional principles of judicial impartiality, impersonality, reasoned decision-making and public accountability. However, an opinion survey is not proof that any individual judge committed misconduct.

8. WHY THE TWO DATA SERIES MUST BE ANALYZED SEPARATELY — AND TOGETHER

8.1. Two opposite directions of scrutiny

Direction one: From litigants to the STF, against acts of other authorities. Constitutional complaints seek the STF's intervention where a judicial or administrative act allegedly infringes its constitutionally protected competence or legal authority. The STF is the forum asked to remedy the asserted breach.

Direction two: From the public toward the STF itself. Datafolha's surveys measure whether voters approve of the Court's work, trust it as an institution and consider certain types of judicial conduct acceptable.

Confusing these directions would falsely imply that 14,213 litigants filed complaints against the STF . They didn't. It would also overlook the important question raised by the current data: how effectively do lower courts observe the constitutional standards announced by the nation's highest court?

8.2. The compliance problem cannot be resolved by procedural labels

The Court's own October 13 report says that the main growth in original filings was not distributed evenly among all case classes. It was mainly associated with complaints. That official identification justifies disaggregated analysis of the challenging judicial acts, the invoked STF decisions and the outcomes.

It does not establish that the STF has issued 14,213 findings of disregard. Equally, the Court should not treat the numerical increase as a neutral administrative burden without releasing more detailed, verifiable information about what the complaints assert and how the Court resolves them.

8.3. Two linked dimensions of the rule of law

Lower courts must observe constitutional decisions that bind them. The STF must in turn decide complaints lawfully, impartially and through reasoned judgments. The Court's constitutional authority and its own accountability are not competing principles; they are reciprocal features of the rule of law.

Judicial obedience cannot be demanded from lower courts while exempting the Supreme Court from the constitutional standards of legality, due process and impartiality. Conversely, generalized criticism of the STF does not authorize other courts to disregard its binding judgments.

9. INTERNATIONAL HUMAN RIGHTS OBLIGATIONS

Brazil is a party to the American Convention on Human Rights , incorporated domestically by Decree 678/1992. Article 8 requires a hearing with due guarantees before a competent, independent and impartial tribunal. Article 25 protects the right to an effective judicial remedy against violations of fundamental rights, including violations committed by public officials.

Article 25(2)(c) also requires States Parties to ensure enforcement of decisions granting such remedies. This principle is particularly relevant to the broader rule-of-law concern raised by the Rcl mechanism: a judicial decision whose authority cannot be effectively vindicated may fail to provide meaningful protection.

Within Brazilian constitutional law, Article 5 protects access to judicial review and due process, while Article 93(IX) requires reasoned judicial decisions. These protections apply to the fair examination of claims of noncompliance and to the procedural safeguards surrounding the challenged acts themselves.

It would be premature to assert a specific violation of the Convention solely from aggregate filing statistics or opinion surveys. Those sources identify institutional questions that require examination of particular judicial records and enforcement outcomes.

10. REQUIRED TRANSPARENCY AND LEGAL CONCLUSIONS

10.1. Essential information not supplied by the article

To understand the 2025 increase, the STF should publish or facilitate examination of a disaggregated dataset covering: (a) which judicial branches, courts, judicial levels or administrative bodies issued the challenging acts; (b) which STF decisions or binding precedents the parties invoked; (c) the proportion of complaints involving alleged usurpation of jurisdiction, nonapplication of binding precedent or misapplication of precedent; (d) rates of admissibility, grants, denials, withdrawals and terminations; (e) the time taken to resolve each class of complaint; and (f) whether judicial orders granting relief were subsequently implemented.

With these data, researchers could distinguish an increase in alleged judicial noncompliance from greater awareness of the mechanism, repetitive litigation, procedural shifts and other explanations. They could also assess whether complaints offer effective constitutional protection in practice.

10.2. Legal findings

First. The 14,213 constitutional complaints filed in 2025 were received by the STF to defend its jurisdiction or the legal authority of qualifying decisions and precedents ; they are not a poll of dissatisfaction with the STF and must not be described as 14,213 allegations against the Supreme Court itself.

Second. The complaint mechanism addresses concrete challenged acts — typically decisions by other judges and courts, and in legally specified circumstances administrative acts. The statutory rules also regulate standing, admissibility, proof and appropriate judicial relief.

Third. The growth of incoming complaints is established by the STF's own records: from 5,882 in 2021 to 14,213 in 2025, an increase of 141.64%. But the publication does not disclose the number of substantiated violations.

Fourth. Public distrust of the STF is a separate, independently documented development: Datafolha reported 48% distrust and 47% negative evaluation in September 2026. These surveys address the Supreme Court's public legitimacy, not the adjudicated merits of the complaints against other authorities.

Fifth. Both problems are constitutionally serious. Binding decisions must be respected throughout the judicial system, and the Court issuing them must itself uphold impartiality, due process, judicial ethics, transparency and reasoned adjudication.

THE CONSTITUTIONAL COURT CANNOT PROTECT THE RULE OF LAW BY DECLARATION ALONE. ITS RULINGS MUST BE RESPECTED BY LOWER AUTHORITIES, ITS REMEDIES MUST BE EFFECTIVE, AND ITS OWN EXERCISE OF POWER MUST REMAIN ACCOUNTABLE TO THE CONSTITUTION.

11. PRIMARY SOURCES, LEGISLATION AND RESEARCH

Sources are cited by title and linked directly to their publisher or official legislative text. The original STF page was independently preserved by the author as a seven-page PDF; automated access to its live website may return an HTTP 403 restriction. The numerical report has therefore also been checked against that preserved copy. Interactive Flourish graphics do not reproduce as readable graphics in the PDF; tables above are reconstructed from the reported figures rather than represented as screenshots of those original graphics.

  1. SUPREME FEDERAL COURT (STF). Complaints represent almost half of the new cases originating in the STF . October 13, 2026. Official news item .
  2. Brazilian Supreme Court (STF). Constitutional claim guarantees the preservation of the STF's jurisdiction . July 30, 2014. Official legal explainer .
  3. BRAZIL. Constitution of the Federative Republic of Brazil (1988) , Arts. 5, 93(IX), 102(I)(l), 102(2), 103-A(3). Official consolidated constitutional text .
  4. BRAZIL. Law 13,105, March 16, 2015, Code of Civil Procedure , Arts. 988–993. Chamber of Deputies, updated text .
  5. BRAZIL. Law 15,484, August 4, 2026, amending procedural rules including CPC Art. 988. Official legal text .
  6. DATAFOLHA. Approval ratings for the National Congress and the Supreme Federal Court worsen . March 17, 2026. Research report summary .
  7. DATAFOLHA. 28% support the impeachment of Moraes, and 34% believe the minister should be removed for investigation . September 14, 2026. Research report, including public assessments of the STF's role .
  8. DATAFOLHA. Lack of confidence in the Supreme Court surpasses political parties and Congress, reaching the highest level ever recorded . September 21, 2026. Institutional-trust research .
  9. DATAFOLHA. Record, negative evaluation of the STF reaches 47% . September 28, 2026. Public evaluation and judicial ethics research .
  10. BRAZIL. Decree 678, November 6, 1992, promulgating the American Convention on Human Rights , especially Arts. 8 and 25. Official convention text .

MIND — DEFEND YOUR RIGHTS

International analysis of judicial independence, constitutional enforcement, due process and the rule of law.

Methodology: Official STF filings are administrative statistics; Datafolha results are population survey estimates. They are presented as separate evidence series. Legal propositions are supported by the cited constitutional and statutory authorities. Opinion survey findings are not findings of individual misconduct.

domingo, 11 de outubro de 2026

JUDGES TO THE CUSTOMER'S TASTE - A COUNTER OF POLITICAL INTERESTS: THE STF AND THE JUDGE MADE TO ORDER THE POLITICIZATION OF BRAZIL'S SUPREME FEDERAL COURT, JUDGE SHOPPING, THE NATURAL JUDGE PRINCIPLE, AND THE CONSTITUTIONAL RIGHT TO AN INDEPENDENT AND IMPARTIAL TRIBUNAL

JUDGES TO THE CUSTOMER'S TASTE

A COUNTER OF POLITICAL INTERESTS: THE STF AND THE JUDGE MADE TO ORDER


THE POLITICIZATION OF BRAZIL'S SUPREME FEDERAL COURT, JUDGE SHOPPING, THE NATURAL JUDGE PRINCIPLE, AND THE CONSTITUTIONAL RIGHT TO AN INDEPENDENT AND IMPARTIAL TRIBUNAL



By AI CHATGPT and DEEPSEEK AI

October 11, 2026


INTRODUCTION


This publication presents the complete English translation of an editorial published by O Estado de S. Paulo on September 30, 2026, followed by two analyses produced by DeepSeek AI, the author's intervention, an independent legal analysis by ChatGPT, and the complete English translation of Resolution No. 921, issued by the Brazilian Supreme Federal Court on October 2, 2026.


The original editorial and the AI-generated analyses are reproduced in separate sections, preserving their respective arguments, attributions, and conclusions.


The purpose is to examine a fundamental constitutional question:


What happens to the Rule of Law when litigants can effectively select the judge who will decide their cases, not through neutral rules established in advance, but through procedural maneuvers designed to reach a particular judicial officer?


The question acquired particular significance when, just two days after the publication of the Estadão editorial, the President of Brazil's Supreme Federal Court, Justice Edson Fachin, issued Resolution No. 921/2026, establishing additional procedures to safeguard the natural judge principle and prevent distortions in judicial case assignments.


The Resolution's adoption provides an important institutional development against which to examine the allegations and constitutional concerns raised in the editorial.

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PART I — LITERAL ENGLISH TRANSLATION OF THE ESTADÃO EDITORIAL


O ESTADO DE S. PAULO — OPINION


JUDGES TO THE CUSTOMER'S TASTE


STF justices distort the institution of prevention to meet demands aligned with their political preferences. In practice, the parties choose the judge who best suits them.


By Notas & Informações

September 30, 2026 | 3:02 a.m.

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When sobriety still dictated the conduct of the justices of the Supreme Federal Court (STF), Their Excellencies did not involve themselves in political disputes, or at least made an effort to appear equidistant from the contenders. Today, some justices not only do not disguise their political affinities and antipathies, but make a point of flaunting them in interviews, posts on social media, corporate events, dinners, single-justice decisions, and even in debates broadcast live in the Court's plenary session.


It is not surprising, therefore, that interested parties have learned to dance to the tune of this shameless ball in order to extract advantages. If the political positions of STF justices have become predictable, all that is needed is to find a way to make a given request reach the right chambers. And that way has been found.


As this newspaper reported a few days ago, the fashion now in Brasília is to submit new requests in the records of old cases, some even archived. Since the political identities of the reporting justices have become known, the meaning of prevention is subverted — which, in the STF, is the linkage of the justice who first received a case to all other proceedings directly related to that case — as a way to circumvent the drawing of lots.


The most recent application of this trick involves the case of the false information that Flávio Bolsonaro, if elected president of the Republic, would strip Our Lady of Aparecida of the title of patron saint of Brazil.


After Justice André Mendonça, vice president of the Superior Electoral Court (TSE), ordered digital platforms to remove publications on the subject, the defense of comedian Antonio Tabet, one of those who spread the false information, did not knock on the STF's door through the ordinary route: it requested an “extension” in a case reported by Justice Flávio Dino concerning posts related to the ineligibility of former federal deputy Deltan Dallagnol.


And Mr. Dino, through convoluted hermeneutics, found a link of convenience between the cases: the defense of freedom of expression. Dino granted Tabet's request and restored the circulation of the posts.


Immediately thereafter, what did Flávio Bolsonaro's defense do? Exactly the same thing. Instead of filing his appeal and awaiting the drawing of lots, which would have been regular, the presidential candidate took the petition directly to Justice Luiz Fux, on the pretext that he is the reporting justice in one of the cases before the STF addressing the constitutionality of Article 19 of the Brazilian Civil Framework for the Internet.


Fux, whose positions have been aligning with Mendonça's on politically sensitive issues, suspended Dino's decision.


In short: each side chose a justice, and nobody pretended to be surprised by the result.


The scheme is intended to distort a legitimate institution. Prevention exists so that related cases remain with the same reporting justice, avoiding contradictory decisions in the name of the sound administration of justice. It is an exception to the rule of drawing lots, not its revocation, as the opportunists who, in practice, wish to abolish the principle of the natural judge when they understand that this judge does not lean quite so naturally toward their interests may think.


That said, if today there are those who deliberately choose which justice they wish to see judge their claim, that is the responsibility of the Supreme Court justices themselves, who ignored the written and unwritten rules of the judiciary to act as political activists.


If only the disorder installed in the STF produced merely, so to speak, legal uncertainty. At this pace, the country is moving toward the very borders of anomie, a scenario unimaginable in less indecent times, when the Court was not yet such an openly acknowledged political arena.


Each justice's chambers have become a fortified emplacement, and each justice an officer in the political battle. And so the STF has been reduced by its own members to a mere registry office that issues tailor-made decisions for whoever has the shrewdness to knock on the right door.


If it still wishes to regain respect, it is the duty of the STF's current composition to cease lending itself to this role, unworthy of the institution's history.


The justices must not meddle in politics and must return to the Court's presidency, for the drawing of lots, requests with no real connection to the cases they report.


Until that happens, every case will have the judge the customer orders — and the result will be anything but justice.

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SOURCE:


O ESTADO DE S. PAULO. Juízes ao gosto do freguês. Editorial. Opinião, Notas & Informações. September 30, 2026, 3:02 a.m.

English translation of the original Portuguese editorial.

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PART II — DEEPSEEK AI ANALYSIS 


JUDGES TO THE CUSTOMER'S TASTE: HOW STF JUSTICES TURNED THE COURT INTO A COUNTER OF CHOICES


Analysis of the Estadão Opinion on the subversion of the institution of prevention in the Supreme Federal Court


What Is Happening at the STF?


In an editorial published on September 30, 2026, the newspaper Estadão brings a forceful criticism of the behavior of some justices of the Supreme Federal Court (STF).


The text, signed by the Notes & Information editorial department, denounces what it calls the “subversion of the institution of prevention” — a mechanism that should ensure that connected cases remain with the same reporting justice, but that has been used as a tool to choose the judge according to political convenience.


The Case That Illustrates the Crisis


The article details an emblematic episode involving the fake news about Our Lady of Aparecida:


1. The origin: False information circulated that Flávio Bolsonaro, if elected president, would strip Our Lady of Aparecida of the title of patron saint of Brazil.


2. André Mendonça's reaction: The justice, then vice president of the TSE, ordered the removal of the posts.


3. The defense's maneuver: Instead of appealing through the ordinary route, comedian Antonio Tabet's defense filed a request for an “extension” in a case before Justice Flávio Dino on a completely different subject (posts related to Deltan Dallagnol's ineligibility).


4. Dino's decision: Through “convoluted hermeneutics,” Dino found a link of convenience — the defense of freedom of expression — and restored the posts.


5. Flávio Bolsonaro's response: The candidate's defense did exactly the same thing: it took the petition directly to Justice Luiz Fux, under the pretext that he reports a case about the Brazilian Civil Framework for the Internet. Fux suspended Dino's decision.


Result: Each side chose the justice who was most favorable to it, and nobody was surprised by the result.


Why Is This Serious?


The institution of prevention exists for a legitimate reason: to avoid contradictory decisions on connected cases, ensuring the sound administration of justice.


It is an exception to the rule of random drawing, not its revocation.


When justices ignore the written and unwritten rules of the judiciary to act as political activists, they open the way for the parties to “choose” the judge who best suits them.


In practice, this abolishes the principle of the natural judge — a fundamental guarantee of the Democratic Rule of Law.


The Consequences for the Country


The editorial is direct in pointing out the consequences of this practice:


> “Each justice's chambers have become a fortified emplacement, and each justice an officer in the political battle. And so the STF has been reduced by its own members to a mere registry office that issues tailor-made decisions for whoever has the shrewdness to knock on the right door.”


The text warns that the country is moving “toward the very borders of anomie” — a scenario unimaginable in less indecent times, when the Court was not yet such an openly acknowledged political arena.


What Should Be Done?


Estadão points to the path toward recovering the STF's credibility:


Justices must not meddle in politics.


Requests with no real connection to the cases reported should be returned to the Court's presidency for drawing lots.


Respect for the written and unwritten rules of the judiciary.


Until that happens, “every case will have the judge the customer orders — and the result will be anything but justice.”


Final Reflection


The article raises an uncomfortable question: to what extent does the politicization of the STF compromise Brazilian democracy itself?


When justices set sobriety and equidistance aside to flaunt political preferences, the Judiciary loses its countermajoritarian function and becomes yet another player in the partisan dispute.


The question that remains is: who watches the watchdogs?


Source: Estadão Opinion — “Judges to the Customer's Taste” (September 30, 2026).


Tags: #STF #Judiciary #Politics #Democracy #Brazil


This post is an analysis based on an editorial published by the newspaper O Estado de S. Paulo. The opinions expressed are those of the original outlet.

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PART III — I SAID


COUNTER OF POLITICAL INTERESTS

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PART IV — DEEPSEEK AI SAID


COUNTER OF POLITICAL INTERESTS: THE STF AND THE JUDGE MADE TO ORDER


Meta description: Estadão editorial denounces the distorted use of prevention at the STF: justices act as political activists, and the parties choose the reporting justice according to convenience.


Suggested slug: balcao-de-interesses-politicos-stf


What Is at Stake


The Supreme Federal Court (STF) has ceased to be a space of sobriety and equidistance.


Instead, some justices have begun to flaunt political preferences in interviews, social media, single-justice decisions, and even in the plenary.


The result is predictable: interested parties have learned to choose the chambers that best serve their interests.


The Estadão editorial, signed by Notes & Information on September 30, 2026, denounces exactly this: the institution of prevention — which should ensure that connected cases remain with the same reporting justice — is being used as a tool to circumvent the drawing of lots and deliver each case to the most convenient justice.


The Case That Exposed the Counter


The trick became evident in the episode of the false information about Flávio Bolsonaro and Our Lady of Aparecida:


1. André Mendonça, vice president of the TSE, ordered the posts to be removed.


2. Comedian Antonio Tabet's defense did not appeal through the ordinary route: it requested an “extension” in a case before Justice Flávio Dino on a different subject.


3. Dino found a “link of convenience” — the defense of freedom of expression — and restored the posts.


4. Flávio Bolsonaro's defense did the same: it took the petition directly to Justice Luiz Fux, who suspended Dino's decision.


Each side chose its justice.


Nobody pretended to be surprised by the result.


The Logic of the “Customer”


Prevention exists to avoid contradictory decisions and ensure the sound administration of justice.


It is an exception to the rule of drawing lots, not its revocation.


When justices ignore the rules of the judiciary to act as political activists, they open the way for parties to choose the natural judge according to their interests.


In practice, the principle of the natural judge is replaced by the pet judge.


> “Each justice's chambers have become a fortified emplacement, and each justice an officer in the political battle. And so the STF has been reduced by its own members to a mere registry office that issues tailor-made decisions for whoever has the shrewdness to knock on the right door.”


Consequences for the Country


Legal uncertainty.


Explicit politicization of the Court.


Loss of institutional credibility.


An open path toward anomie — a scenario unimaginable in less indecent times.


The STF is no longer a disguised political arena.


It is an openly acknowledged political arena.


And that compromises democracy itself.


What Should Be Done?


To regain respect, Estadão points out:


Justices must not meddle in politics.


Requests with no real connection to the cases reported must be returned to the Court's presidency for drawing lots.


Respect for the written and unwritten rules of the judiciary.

Until that happens, every case will have the judge the customer orders — and the result will be anything but justice.


Final Reflection


When sobriety ceases to dictate the conduct of justices, the Judiciary loses its countermajoritarian function and becomes yet another player in the partisan dispute.


The question that remains is uncomfortable: who watches the watchdogs?


Source: Estadão Opinion — “Judges to the Customer's Taste” (September 30, 2026).


Tags: #STF #Judiciary #Politics #Democracy #Brazil #CounterOfInterests


This post is an analysis based on an editorial published by the newspaper O Estado de S. Paulo. The opinions expressed are those of the original outlet.


---


PART V — CHATGPT: INDEPENDENT LEGAL ANALYSIS


JUDGE SHOPPING, CONSTITUTIONAL JURISDICTION, AND THE NATURAL JUDGE PRINCIPLE


The constitutional limits of judicial case assignment and the dangers of politically selective adjudication


Legal analysis — October 11, 2026


1. The Constitutional Problem Is Not Merely Which Justice Decides a Case, but How That Justice Acquires Jurisdiction Over It


The editorial published by O Estado de S. Paulo identifies a potentially serious institutional problem: the manipulation of procedural mechanisms to direct disputes toward judicial officers whose positions are already known or considered predictable.


The fundamental legal issue is not whether a particular justice adopts a conservative, progressive, liberal, or restrictive understanding of constitutional rights.


Judicial disagreement is inherent in constitutional adjudication.


The constitutional problem arises when the assignment of a case ceases to be governed by objective, previously established rules and becomes susceptible to strategic manipulation by interested parties.


Brazilian procedural law recognizes prevenção, a mechanism of prior judicial assignment intended to ensure that legally connected proceedings are heard by the appropriate judge or reporting justice.


Its legitimate function is to preserve consistency, prevent conflicting decisions, and ensure the orderly administration of justice.


However, the existence of prevention does not eliminate the constitutional requirement that judicial jurisdiction be established according to law.


The question is whether the procedural connection is legally real or merely asserted to secure a preferred decision-maker.


A general similarity between legal arguments does not necessarily establish the connection required to assign a new claim to the reporting justice of an earlier proceeding.


Indeed, this distinction was expressly incorporated into Resolution No. 921/2026, issued by the STF on October 2, 2026. 


2. The Brazilian Constitution of 1988 and the Natural Judge Principle


The Constitution of the Federative Republic of Brazil of 1988 establishes important guarantees concerning judicial independence, jurisdiction, due process, and access to justice.


Article 5, item XXXVII, prohibits exceptional courts or tribunals.


Article 5, item LIII, establishes that no one shall be prosecuted or sentenced except by the competent authority.


These guarantees are closely associated with the constitutional principle of the natural judge.


The principle requires that jurisdiction be established by law and applicable rules, rather than improvised to serve the interests of an individual litigant or public authority.


Article 93, item XV, further requires the immediate distribution of cases at every level of jurisdiction.


The relevant constitutional provisions must be examined together with the rules governing judicial competence, case assignment, connection, and prevention. 


Judicial independence cannot be reduced to freedom from direct political orders. It also requires institutional safeguards against the manipulation of the process by which a particular judge acquires authority over a dispute.


3. Prevention Is an Exception to Random Case Assignment, Not an Instrument for Choosing a Judge


The Brazilian Code of Civil Procedure regulates the relationship between connected claims and the allocation of judicial proceedings.


Article 55 addresses connection between proceedings when they share a claim or cause of action, while Article 286 establishes circumstances in which cases are distributed by dependency.


The STF's Internal Rules also address the assignment of related cases.


Article 69 provides that the assignment of an action or appeal establishes prevention for proceedings linked to it through connection or continence.


These rules have a legitimate institutional purpose.


They seek to avoid incompatible decisions and ensure that genuinely related disputes are handled coherently.


However, the legal justification for prevention depends upon the relationship between the proceedings.


Prevention cannot legitimately be converted into a procedural fiction through which an unrelated controversy is directed to a particular justice merely because that justice has already expressed favorable opinions on a broad constitutional subject.


The distinction between real procedural connection and tactical similarity of arguments is therefore central to preserving judicial impartiality.


The Code of Civil Procedure and the Internal Rules provide the legal framework for evaluating that distinction. 


4. The Dispute Involving André Mendonça, Flávio Dino, and Luiz Fux


The episode examined by Estadão involved decisions concerning social media publications about Our Lady of Aparecida and the presidential candidacy of Flávio Bolsonaro.


The sequence included:


First: Justice André Mendonça, acting in the Superior Electoral Court, ordered the removal of certain publications associated with allegedly false information concerning the candidate.


Second: Comedian Antonio Tabet challenged the removal of his publication, and Justice Flávio Dino issued a decision allowing the post to circulate.


Third: Flávio Bolsonaro's defense brought the matter before Justice Luiz Fux, who suspended Dino's decision.


The existence of the successive judicial interventions is documented in contemporaneous reporting. 


The editorial's criticism focuses particularly on the procedural mechanisms used to bring the disputes before Dino and Fux.


Its argument is that the litigants effectively selected their preferred reporting justices rather than submitting independent claims through the ordinary distribution procedure.


That allegation raises a genuine question concerning judicial assignment.


However, establishing the legal validity or invalidity of a particular assignment requires examination of the original petitions, procedural history, applicable jurisdictional rules, and judicial decisions.


The fact that two justices reach different conclusions does not, by itself, establish unlawful judge shopping or political misconduct.


The procedural question must therefore be distinguished from allegations concerning subjective political motivations.


5. Subsequent Developments: September 30 and October 1, 2026


The controversy continued after the publication of the editorial.


On September 30, 2026, the plenary of the Superior Electoral Court considered the dispute concerning publications associated with Our Lady of Aparecida.


The Court maintained restrictions on certain false information concerning Flávio Bolsonaro but allowed Antonio Tabet's specific publication to remain available.


The distinction was relevant because Tabet's post did not expressly identify Flávio Bolsonaro by name.


On October 1, Justice Flávio Dino declared that the request before him had become moot following the TSE's decision.


These subsequent developments demonstrate that the substantive controversy concerning freedom of expression and electoral misinformation was not identical to the procedural controversy concerning judicial case assignment. 


They also demonstrate why the constitutional questions must be separated.


One question concerns whether a particular publication may lawfully be removed.


Another concerns which judicial authority has jurisdiction to decide that question.


A third concerns whether the assignment of the controversy to that authority followed previously established procedural rules.


These are distinct legal questions.


6. October 2, 2026: The STF Establishes New Case-Assignment Controls


On October 2, 2026, the President of the Supreme Federal Court, Justice Edson Fachin, issued Resolution No. 921/2026.


The Resolution establishes a procedure for reviewing certain petitions submitted in proceedings already pending before the Court.


Its stated objectives include ensuring compliance with case-assignment rules and safeguarding the natural judge principle.


The Resolution addresses petitions filed by third parties and certain requests that seek to extend decisions beyond their original subject matter.


It also creates procedures through which the Court's Presidency and Judicial Secretariat assess whether those petitions should be attached to existing proceedings or registered and assigned as separate cases.


Significantly, the Resolution states that sharing a common legal thesis does not, by itself, establish the identity or connection of claims necessary to justify their procedural association.


This provision directly addresses the distinction between substantive similarity and genuine procedural connection.


The STF's official announcement explains that the measure seeks to prevent new petitions from becoming automatically linked to specific reporting justices. 


7. What Resolution No. 921/2026 Does — and Does Not — Establish


The enactment of Resolution No. 921/2026 is institutionally significant.


It demonstrates that the Court adopted additional procedural safeguards concerning the assignment of petitions in existing proceedings.


However, the Resolution must be interpreted according to its actual provisions.


It does not abolish legitimate prevention.


It does not establish that every petition connected to an existing case must necessarily be distributed by a new random draw.


It also does not automatically invalidate decisions made before its entry into force.


Indeed, Article 7 expressly limits its application to petitions filed after the Resolution becomes effective.


Nevertheless, its adoption confirms the importance of distinguishing legally justified case assignments from attempts to direct unrelated claims toward specific judicial officers.


The Resolution represents an institutional effort to control that risk.


8. Judicial Impartiality and the Appearance of Justice


Judicial impartiality is not exhausted by the personal conviction of a judge that he or she is acting fairly.


The structure of judicial proceedings must also protect public confidence that disputes are assigned and decided under neutral rules.


If litigants believe that success depends upon identifying a particular judge and finding a procedural route to that judge's chambers, the credibility of the justice system may be seriously damaged.


This institutional concern applies regardless of which political party, ideological movement, corporation, or individual benefits from the procedure.


A procedural mechanism cannot be constitutionally acceptable when it benefits one political faction and constitutionally objectionable when it benefits another.


The same jurisdictional standards must govern everyone.


Otherwise, the judicial process risks becoming an instrument of selective advantage rather than impartial adjudication.


9. The Essential Constitutional Question


The editorial and the subsequent Resolution should be considered together.


The editorial alleges that procedural mechanisms have been used to direct controversies toward preferred justices.


The Resolution establishes additional safeguards intended to prevent improper case assignments.


The central question remains:


Was the dispute assigned to the judicial officer through neutral rules established before the controversy arose, or was an unrelated claim strategically attached to an existing proceeding to obtain a preferred decision-maker?


The answer cannot be determined solely by examining the substantive outcome.


It requires scrutiny of the procedural record, the jurisdictional basis asserted, the applicable rules, and the reasons given for accepting or rejecting the requested assignment.


The principle of the natural judge exists precisely to ensure that adjudication is governed by law rather than by the convenience of litigants or the political preferences of judicial officers.



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PART VI — THE BRAZILIAN SUPREME FEDERAL COURT'S RESOLUTION NO. 921/2026


FULL AND LITERAL ENGLISH TRANSLATION


A NEW PROCEDURE TO SAFEGUARD THE NATURAL JUDGE PRINCIPLE AND PREVENT THE IMPROPER DIRECTION OF PETITIONS TO PARTICULAR JUSTICES


Issued by Justice Edson Fachin, President of the Supreme Federal Court


October 2, 2026


On October 2, 2026, two days after the publication of the Estadão editorial, the Presidency of the Brazilian Supreme Federal Court issued Resolution No. 921/2026.


The Resolution establishes procedures intended to ensure that specified petitions submitted in existing judicial proceedings are not automatically assigned to the reporting justice without preliminary verification of the applicable case-assignment requirements.


The Resolution expressly addresses the protection of the natural judge principle and compliance with the rules governing judicial distribution.


The following is the complete English translation of the Resolution, including its preamble, recitals, seven articles, paragraphs, electronic signature, and authentication information.


The original Portuguese text remains legally authoritative.


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SUPREME FEDERAL COURT


RESOLUTION NO. 921, OF OCTOBER 2, 2026


Provides for the validation of submissions presented by third parties outside the procedural relationship and for procedures intended to ensure compliance with the case-assignment rules established in Resolution No. 706, of October 15, 2020.


THE PRESIDENT OF THE SUPREME FEDERAL COURT, in the exercise of the powers conferred upon him by item XIX of Article 13 and item I of Article 363 of the Internal Rules,


CONSIDERING the provisions of items XXXVII and LIII of Article 5 of the Federal Constitution;


CONSIDERING the need to ensure compliance with the case-assignment rules and the principle of the natural judge;


CONSIDERING that the linking of petitions to proceedings does not eliminate the need to comply with the case-assignment rules established in procedural legislation and in the Court's normative acts;


CONSIDERING the provisions of Resolution No. 706, of October 15, 2020;


CONSIDERING the need to establish a procedure for validating the linking of petitions presented by third parties outside the procedural relationship;


CONSIDERING the advisability of standardizing the treatment of such petitions and improving the mechanisms for preventing possible distortions in the assignment of cases;


RESOLVES:


Article 1


This Resolution establishes the procedure for validating the assignment of petitions presented by third parties in proceedings pending before the Court, in order to ensure compliance with the case-assignment rules established in the Internal Rules and in Resolution No. 706, of October 15, 2020.


Article 2


The following shall be subject to the validation provided for in this Resolution, before being added to the case records:


I – a petition submitted by a third party, understood as one submitted by someone who does not act in the proceedings as a party, counsel for a party, or guardian of the legal order;


II – regardless of who submits it, a petition that:


a) challenges an act of a judicial body or of an authority that does not appear in the proceedings;


b) requests the extension of the effects of a decision to persons, acts, or facts not included within the subject matter of the proceedings;


c) makes a request against someone who is not a party to the proceedings;


III – a petition submitted by an amicus curiae that makes a request.


§ 1. The sharing of a legal thesis does not, in itself, characterize identity or connection of claims or causes of action with the subject matter of the proceedings (Article 55 of the Code of Civil Procedure).


§ 2. In electronic filing, the petitioner shall declare whether the petition falls within any of the situations described in item II, and any untruthful declaration shall be subject to the provisions of Article 80 of the Code of Civil Procedure.


§ 3. Petitions submitted in compliance with a summons or judicial order, as well as those submitted by the Office of the Prosecutor General of the Republic, shall not be subject to screening.


Article 3


A petition submitted by a third party shall not be added to the case records before the screening provided for in this Article, which shall be the responsibility of the Presidency, through analysis by the Judicial Secretariat.


§ 1. The Presidency shall:


I – order its inclusion in the case records when the petition is limited to requesting intervention in the proceedings or making a request within the scope of the subject matter raised therein, with the Reporting Justice being responsible for deciding on its admission;


II – deny its inclusion in the case records and order the petition to be registered under the appropriate procedural category and assigned, when it presents an autonomous claim.


§ 2. The screening shall not constitute a judgment regarding the admissibility of the intervention or the merits of the request.


§ 3. The validation provided for in the main provision of this Article may take place through a specific electronic workflow made available by the case management system.


Article 4


Petitions subject to the procedure established in this Resolution shall not be definitively linked to the case records or submitted for consideration by the Reporting Justice before completion of the validation provided for in Article 3.


Article 5


Any doubts, omissions, or disagreements concerning the assignment of cases shall be communicated to the Presidency for deliberation through a reasoned decision.


Article 6


Proceedings subject to confidentiality levels 3 and 4 are excluded from the procedure established in this Resolution and shall remain subject to the treatment established in their own regulations.


Article 7


This Resolution shall enter into force on the date of its publication and shall apply only to petitions filed after its entry into force.



---


ELECTRONIC SIGNATURE AND AUTHENTICATION


Document electronically signed by Justice Edson Fachin, PRESIDENT OF THE SUPREME FEDERAL COURT, on October 2, 2026, at 10:29 a.m., pursuant to Article 1, item III, letter “b”, of Law No. 11,419/2006.


The authenticity of the document may be verified through the Supreme Federal Court's Electronic Information System (SEI), by entering the following information:


Verification Code: 3464125


CRC Code: D8AEEC4B


Administrative Proceeding: SEI 013200/2026


Document Identification: 3464125v9


Original document: Resolution No. 921/2026, two pages.


Original Portuguese PDF:


[https://arq.migalhas.com.br/arquivos/2026/10/F2A946952B64FA_SEI_3464125_Resolucao_921.pdf](https://arq.migalhas.com.br/arquivos/2026/10/F2A946952B64FA_SEI_3464125_Resolucao_921.pdf)


Official STF announcement:


[https://noticias.stf.jus.br/postsnoticias/stf-estabelece-regras-para-peticoes-protocoladas-em-processos-ja-existentes/](https://noticias.stf.jus.br/postsnoticias/stf-estabelece-regras-para-peticoes-protocoladas-em-processos-ja-existentes/?utm_source=chatgpt.com)


Unofficial English translation. The original Portuguese version is legally authoritative.



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PART VII — CHATGPT: THE CONSTITUTIONAL SIGNIFICANCE OF RESOLUTION NO. 921/2026


1. The Resolution Addresses a Fundamental Institutional Problem


Resolution No. 921/2026 is particularly significant when examined alongside the editorial published by O Estado de S. Paulo on September 30, 2026.


The editorial denounced the alleged manipulation of judicial case assignments by litigants seeking favorable decisions from particular justices.


Two days later, the Presidency of the Supreme Federal Court adopted a Resolution establishing additional safeguards concerning the assignment of petitions submitted in existing proceedings.


Although the temporal proximity is notable, the Resolution itself does not establish that it was issued specifically in response to the editorial.


Its text establishes a broader institutional concern with preserving the integrity of judicial case assignments.


2. Article 2, Paragraph 1: A Common Legal Argument Is Not Enough


One of the most important provisions is Article 2, paragraph 1.


It establishes that sharing a common legal thesis does not, by itself, demonstrate the required identity or connection between claims or causes of action.


This distinction is central to the controversy.


Two proceedings may both concern freedom of expression without necessarily involving the same parties, facts, claims, or legally relevant procedural connection.


Similarly, the fact that two cases raise constitutional questions does not automatically justify placing them before the same reporting justice.


A broad constitutional theme cannot automatically substitute for the specific legal requirements governing judicial case assignment.


This principle reinforces the requirement that procedural connection be determined objectively.


3. Article 3: Preliminary Screening of Petitions


Article 3 establishes that certain third-party petitions must undergo preliminary screening before being added to the existing case records.


The Presidency, through the Judicial Secretariat, is responsible for the procedure.


When a petition is limited to requesting intervention or making a request within the existing proceeding's subject matter, the Presidency may authorize its inclusion.


The reporting justice subsequently decides whether intervention should be admitted.


However, when the petition contains an autonomous claim, it must be registered under the appropriate procedural category and assigned according to the applicable rules.


This procedure distinguishes between participation in an existing controversy and the commencement of an independent judicial claim.


4. Article 4: A Petition Cannot Automatically Reach the Reporting Justice


Article 4 prohibits definitive attachment of petitions covered by the Resolution, or their submission to the reporting justice, before completion of the required validation.


This provision addresses the risk that an unrelated petition might reach a predetermined judicial officer merely because it was submitted in the records of an existing case.


Its purpose is procedural.


It does not determine how a justice should decide the merits.


Instead, it regulates the preliminary question of how the petition reaches the judicial authority responsible for deciding it.


That distinction is essential.


The legality of judicial adjudication depends not only upon the content of the decision but also upon compliance with the rules establishing the decision-maker's jurisdiction.


5. Article 5: Reasoned Decisions Concerning Case Assignment


Article 5 establishes that doubts, omissions, or disagreements concerning case assignments must be referred to the Presidency for a reasoned decision.


This requirement is important because judicial case assignment should not function as an unexplained administrative process immune from scrutiny.


When a dispute arises concerning whether a petition should be attached to an existing case or independently distributed, the applicable criteria must be identified and the conclusion justified.


Reasoned decision-making helps ensure that the allocation of judicial authority remains subject to legal standards rather than individual preference.


6. Article 6: An Important Exception


The Resolution excludes proceedings subject to confidentiality levels 3 and 4 from its screening procedure.


Those proceedings remain governed by their own regulations.


This exception is significant because it means that Resolution No. 921/2026 does not establish a universal screening mechanism covering every judicial proceeding before the STF.


Its practical effectiveness therefore depends on the circumstances and the applicable procedural regime.


The exclusion does not itself establish wrongdoing or improper case assignments in confidential proceedings.


Nevertheless, the distinction is relevant when evaluating the scope of the new safeguards.


7. Article 7: The Resolution Is Prospective


Article 7 expressly provides that the Resolution applies only to petitions filed after its entry into force.


Accordingly, it does not retroactively govern the procedural steps taken in the controversy involving André Mendonça, Flávio Dino, Luiz Fux, Antonio Tabet, and Flávio Bolsonaro.


Nor does the adoption of the Resolution automatically invalidate earlier decisions.


Any challenge to those decisions must be examined under the laws, jurisdictional rules, and procedural requirements applicable when they were rendered.


Nevertheless, the Resolution provides an important contemporary institutional statement concerning the need to prevent improper judicial case assignments.



---


PART VIII — CONCLUSION


JUSTICE CANNOT BE DISPENSED ACCORDING TO POLITICAL OR PERSONAL CONVENIENCE


The controversy examined by O Estado de S. Paulo, the analyses produced by DeepSeek AI, and the subsequent adoption of Resolution No. 921/2026 raise a question that extends beyond the specific Brazilian political dispute.


Who determines which judge will hear a case: the law, or those who possess the procedural knowledge and influence necessary to reach a preferred judicial officer?


A constitutional judiciary must be organized around previously established rules of jurisdiction and case assignment.


Judicial authority cannot legitimately derive from the tactical preferences of litigants.


Nor can procedural rules be applied selectively depending upon the political identity or legal interests of those seeking judicial intervention.


The natural judge principle exists to prevent adjudication from becoming an exercise in personalized jurisdiction.


It protects the litigant's right to be heard by a competent and impartial judicial authority whose jurisdiction is determined according to law.


This guarantee is inseparable from due process, equality before the law, and public confidence in the administration of justice.


The adoption of Resolution No. 921/2026 reflects the importance of maintaining effective safeguards against distortions in judicial case assignments.


But the Resolution also raises a broader institutional question.


Can public confidence in judicial impartiality be restored solely through administrative rules if litigants continue to believe that favorable outcomes depend upon reaching particular judicial chambers?


Procedural reform is necessary when existing mechanisms prove susceptible to manipulation.


Yet the credibility of constitutional adjudication ultimately depends upon the consistent, transparent, and impartial application of those mechanisms.


The same standards must govern political allies and opponents.


The same rules must apply to powerful institutions and ordinary citizens.


The same constitutional guarantees must protect those whose arguments are popular and those whose arguments are unpopular.


The Rule of Law cannot coexist with a judicial system in which the practical outcome of litigation depends upon choosing the right judge rather than establishing the right under the law.


The decisive constitutional principle is not complicated:


THE JUDGE MUST BE DETERMINED BY LAW — NOT SELECTED ACCORDING TO THE POLITICAL CONVENIENCE OF THE LITIGANT.


And the ultimate institutional obligation is equally clear:


THE JUDICIARY EXISTS TO ADMINISTER JUSTICE UNDER THE CONSTITUTION, NOT TO OPERATE AS A COUNTER OF POLITICAL OR PERSONAL INTERESTS.



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PART IX — SOURCES AND BIBLIOGRAPHICAL REFERENCES


ABNT FORMAT — ORIGINAL DOCUMENTS AND VERIFIED REFERENCES


1. O ESTADO DE S. PAULO. Juízes ao gosto do freguês. Estadão, Opinião, Notas & Informações, 30 set. 2026, 3h02.


Original Portuguese editorial supplied for translation.


The exact original article URL was not independently verified.


2. BRASIL. Constituição da República Federativa do Brasil de 1988. Brasília, DF: Presidência da República, 1988.


Available at:


[https://www.planalto.gov.br/ccivil_03/constituicao/constituicaocompilado.htm](https://www.planalto.gov.br/ccivil_03/constituicao/constituicaocompilado.htm)


Accessed: October 11, 2026.


3. BRASIL. Lei nº 13.105, de 16 de março de 2015. Código de Processo Civil. Brasília, DF: Presidência da República, 2015.


Available at:


[https://www.planalto.gov.br/ccivil_03/_ato2015-2018/2015/lei/l13105compilada.htm](https://www.planalto.gov.br/ccivil_03/_ato2015-2018/2015/lei/l13105compilada.htm)


Accessed: October 11, 2026.


4. BRASIL. SUPREMO TRIBUNAL FEDERAL. Regimento Interno do Supremo Tribunal Federal. Brasília, DF: STF.


Article 69 — Judicial prevention and the assignment of connected proceedings.


Document available through the Organization of American States:


[https://www.oas.org/juridico/PDFs/mesicic4_bra_STF_regimento.pdf](https://www.oas.org/juridico/PDFs/mesicic4_bra_STF_regimento.pdf?utm_source=chatgpt.com)


Accessed: October 11, 2026.


5. BRASIL. SUPREMO TRIBUNAL FEDERAL. Resolução nº 921, de 2 de outubro de 2026. Dispõe sobre a validação de manifestações apresentadas por terceiros estranhos à relação processual e sobre procedimentos destinados a assegurar a observância das regras de distribuição previstas na Resolução nº 706, de 15 de outubro de 2020. Brasília, DF: STF, 2026.


Administrative Proceeding: SEI 013200/2026.


Document: 3464125v9.


Electronically signed by Justice Edson Fachin, President of the Supreme Federal Court, on October 2, 2026.


Available at:


[https://arq.migalhas.com.br/arquivos/2026/10/F2A946952B64FA_SEI_3464125_Resolucao_921.pdf](https://arq.migalhas.com.br/arquivos/2026/10/F2A946952B64FA_SEI_3464125_Resolucao_921.pdf)


Accessed: October 11, 2026.


6. BRASIL. SUPREMO TRIBUNAL FEDERAL. STF estabelece regras para petições protocoladas em processos já existentes. STF Notícias, Brasília, 2 out. 2026.


Available at:


[https://noticias.stf.jus.br/postsnoticias/stf-estabelece-regras-para-peticoes-protocoladas-em-processos-ja-existentes/](https://noticias.stf.jus.br/postsnoticias/stf-estabelece-regras-para-peticoes-protocoladas-em-processos-ja-existentes/?utm_source=chatgpt.com)


Accessed: October 11, 2026.


7. AGÊNCIA BRASIL. Dino derruba decisão de Mendonça e libera post sobre Nossa Senhora. Brasília, 27 set. 2026.


Available at:


[https://agenciabrasil.ebc.com.br/justica/noticia/2026-09/dino-derruba-decisao-de-mendonca-e-libera-post-sobre-nossa-senhora](https://agenciabrasil.ebc.com.br/justica/noticia/2026-09/dino-derruba-decisao-de-mendonca-e-libera-post-sobre-nossa-senhora?utm_source=chatgpt.com)


Accessed: October 11, 2026.


8. AGÊNCIA BRASIL. Fux suspende decisão de Dino que restabelecia posts de Nossa Senhora. Brasília, 29 set. 2026.


Available at:


[https://agenciabrasil.ebc.com.br/justica/noticia/2026-09/fux-suspende-decisao-de-dino-que-restabelecia-posts-sobre-nossa-senhora](https://agenciabrasil.ebc.com.br/justica/noticia/2026-09/fux-suspende-decisao-de-dino-que-restabelecia-posts-sobre-nossa-senhora?utm_source=chatgpt.com)


Accessed: October 11, 2026.


9. AGÊNCIA BRASIL. Dino declara perda de objeto em pedido de Tabet sobre Nossa Senhora. Brasília, 1 out. 2026.


Available at:


[https://agenciabrasil.ebc.com.br/justica/noticia/2026-10/dino-declara-perda-de-objeto-em-pedido-de-tabet-sobre-nossa-senhora](https://agenciabrasil.ebc.com.br/justica/noticia/2026-10/dino-declara-perda-de-objeto-em-pedido-de-tabet-sobre-nossa-senhora?utm_source=chatgpt.com)


Accessed: October 11, 2026.


10. AGÊNCIA BRASIL. Fachin cria regra para evitar direcionamento de processos no STF. Brasília, 2 out. 2026.


Available at:


[https://agenciabrasil.ebc.com.br/justica/noticia/2026-10/fachin-cria-regra-para-evitar-direcionamento-de-processos-no-stf](https://agenciabrasil.ebc.com.br/justica/noticia/2026-10/fachin-cria-regra-para-evitar-direcionamento-de-processos-no-stf?utm_source=chatgpt.com)


Accessed: October 11, 2026.



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EDITORIAL INTEGRITY AND TRANSLATION NOTICE


Part I: English translation of the original September 30, 2026, editorial published by O Estado de S. Paulo. The editorial's arguments and opinions remain attributable to the newspaper.


Parts II and IV: English translations of the two analyses produced by DeepSeek AI.


Part III: Literal translation of the author's intervention.


Part V: Independent legal analysis by ChatGPT, distinguishing documented procedural developments from editorial allegations and conclusions.


Part VI: Complete, unofficial English translation of Resolution No. 921/2026 of the Brazilian Supreme Federal Court. The original Portuguese text is legally authoritative.


Parts VII and VIII: Additional legal analysis and conclusions by ChatGPT.


The inclusion of the original editorial and the AI-generated analyses does not convert allegations concerning judicial misconduct or political motivation into established judicial findings.


The purpose of this publication is to permit readers to examine the original criticism, the different analyses, the applicable constitutional principles, and the subsequent institutional response.



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MINDD — DEFENSE OF HUMAN RIGHTS AND THE RULE OF LAW


OCTOBER 11, 2026


A COUNTER OF POLITICAL INTERESTS: THE STF AND THE JUDGE MADE TO ORDER


THE RULE OF LAW REQUIRES AN INDEPENDENT AND IMPARTIAL JUDICIARY — NOT A JUDGE SELECTED TO SATISFY THE INTERESTS OF THE LITIGANT.