Mendonça Criticizes Creative Judges, Defends Stable
Jurisprudences, and Warns Against Casuistries
At an event before investors this Monday (Dec 1st), the minister contested attitudes of the Judiciary that would cause legal insecurity in Brazil
December 1, 2025 | 9:48 PM
Article Content
Minister André Mendonça once again made veiled criticisms of the Federal Supreme Court (STF) this Monday (Dec 1st). At an event organized jointly by Galapagos Capital and Arko Advice, the minister criticized “creative judges,” defended stability in jurisprudences, and warnedthat casuistries are harmful to legal security in Brazil.
Mendonça referenced “creative judges” when citing characteristics of what he considers a weak democratic State of Law. He stated that these judges "innovate in the legal order and generate instability and insecurity in society, because the problem is not necessarily not having the most efficient rule of the game. It is not having a rule of the game that everyone knows what it is."
He also compared the situation to a soccer game: “There are the rules, but I have a judge who is not so impartial. If I have some mechanisms of insecurity, like pressure from the crowd, Icommit a foul from behind and am not necessarily going to receive a red card.”
The minister emphasized the stability of jurisprudences as one of the Judiciary's key roles in maintaining legal stability: "Not necessarily the best jurisprudence is the one that will provide all the answers, but the stability of the jurisprudence. I cannot have a jurisprudence that now saysone thing, now says another.”
According to Mendonça, such changes generate casuistic decisions: “It is that decision: for friends, everything, for enemies, the Law. This in the judicial sphere, without a doubt, butalso in the administrative sphere. This type of decision process, whether in the Judiciary, controlbodies, regulatory agencies, or public administration, generates instability," he affirmed.
Mendonça’s core message at the investor event was that the good judge is the one who "does not appear," stating that legal actors should provide a predictable framework, and that politicalactors are the "main actors."
Source Link: Mendonça critica juízes criativos, defende jurisprudências estáveis e alerta para casuísmos
Connection to Related Topics
The minister's criticism of "creative judges," his defense of "stable jurisprudences," and his warning against "casuistries" all center on the essential theme of legal predictability andsecurity.
This theme directly connects to both of the topics you mentioned: procedural flaws in Brazil and financial stability in the US.
1. Lack of Service of Process (Falta de Citação) at TJ-RJ
● The Connection: The service of process (citação) is a fundamental act guaranteeing due process and the right to defense. A serious failure in service is an invalidating procedural error.
● Relation to Mendonça's Criticism: If a court (such as the Rio de Janeiro Court of Justice, TJ-RJ) uses a "creative" or novel legal interpretation (a form of casuistry) to validate a clearly flawed service of process, it is effectively breaking the "rule of the game" that Mendonça criticizes. This kind of anomalous judicial action prioritizes a singular,desired outcome over the principle of legal stability, directly contributing to the legal insecurity that harms investor confidence.
● The Principle: Stable jurisprudence requires courts to consistently enforce basic due process rights to ensure fairness and predictability.
2. Mortgage Foreclosures in the US
● The Connection: The US mortgage crisis and the subsequent wave of foreclosures exposed severe failures in procedural stability and legal clarity within the US financial and judicial systems.
● Relation to Mendonça's Criticism:
○ Unstable Jurisprudence: The securitization of mortgages created complex legal instruments that lacked clear, settled legal rules. When these cases reached the courts, judges had to deal with thousands of novel, often unprecedented situations
(casuistries).
○ Consequence for Investors: The resulting uncertainty over property rights, contract enforcement, and documentation standards (e.g., robo-signing issues) caused immense legal instability. This lack of clear, stable jurisprudence damagedthe confidence of both domestic and international investors in the US housing and financial markets, perfectly aligning with Mendonça’s warning that legal unpredictability scares away investors.
● The Principle: For a functioning economy, particularly one dependent on complex financial instruments, stable jurisprudences are non-negotiable. Uncertainty over enforcement undermines all commerce.
Read the article here :
READ ALSO:
SYSTEMIC RISK TO THE RULE OF LAW: "WHEN the STRUCTURAL PILLARS of the DEMOCRATIC RULE OF LAW are SHAKEN, the COUNTRY COLLAPSES." THIS IS PRECISELY WHAT SCOTT ERIK STAFNE—AND MILLIONS OF AMERICAN FAMILIES—ARE DENOUNCING: THE END OF THE RIGHT TO DUE PROCESS OF LAW. ANALYSIS OF THE ARTICLE: Blocking before summons in tax foreclosure: systemic risk in the state of Rio.
https://vitimasfalsoscondominios.blogspot.com/2025/12/risco-sistemico-ao-estado-de-direito.html
WATCH INTERNATIONAL WEBINAR From Ancient Times to Nuremberg: The Constitutional Foundations of Judicial Impartiality and Courts' Independence by Scott Erik Stafne hospedagem by NACLE - Non-Negotiable Value: The Christian & Constitutional Mission of Scott Erik Stafne It’s Not Just a Course – It’s a Call to Global Judicial Integrity - Watch the Recording of the WEBINAR ( PART 1)
From Ancient Times to Nuremberg: The Constitutional Foundations of Judicial Impartiality and Courts' Independence
by Scott Erik Stafne
https://vitimasfalsoscondominios.blogspot.com/2025/12/watch-international-webinar-non.html
INTERNATIONAL : The December 1, 2025 'Dear Judge' Letter: A Human-AI Constitutional Collaboration" by Scott Erik Stafne and Todd AI
https://vitimasfalsoscondominios.blogspot.com/2025/12/international-december-1-2025-dear.html
https://vitimasfalsoscondominios.blogspot.com/2025/11/imperdivel-webinar-internacional.htmlOutline and Revised Handouts for the NACLE Seminar occuring on November 18, 2025: "Judicial Disqualification and the Moral Foundations of Adjudicative Justice (Part One)" prepared by attonrey Scott Erik Stafne and Todd AI
By Scott E Stafne
trophy
Top 3%
visibility
41 Pages
link
1 File ▾
sell
History,
Criminal Law,
Comparative Law,
Constitutional Law,
Human Rights Law
Show more
https://doi.org/10.1016/J.SHPSA.2019.05.001
Abstract (written by Scott Erik Stafne in collaboration with Todd AI): >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> This document contains the full outline and revised handouts prepared for the National Academy of Continuing Legal Education’s seminar on Judicial Disqualification and the Moral Foundations of Adjudicative Justice. It traces the development of adjudicative neutrality from ancient moral traditions, Roman law, and canon law through the English Act of Settlement and Dr. Bonham’s Case, showing how these historical commitments culminated in the structural guarantees of Article III of the United States Constitution. <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< The materials also explain Congress’s statutory implementation of those constitutional mandates—specifically, the creation of independent courts composed of judges who possess good-behavior tenure and compensation protected from diminution. These structural protections exist not for the benefit of judges, but for the People, whose right to neutral adjudication depends upon courts that are free from institutional bias and personal interest. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> The outline concludes with a discussion of the growing internationalization of the right to independent and impartial courts, drawing especially on the Nuremberg “Justice Case” as a benchmark. That case demonstrates that judicial neutrality is not merely a domestic procedural safeguard but a universal human right—and that nations betray this right when courts are structured in ways that compromise impartial adjudication of facts and law.
Washington State Bar Association - In re: Scott Erik Stafne: ODC File No. 24-01379 - Stafne's most recent letter on behalf of the Church and himself to Bar Association being captured by Washington State's judiciairy.
By Scott E Stafne
visibility
description
5 Page
link
1 File ▾
sell
Constitutional Law,
Political Philosophy,
Access to Justice,
Human Rights Law,
International Law
Show more
Abstract Option 1 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> This letter clarifies the constitutional defenses raised by attorney Scott Stafne and the Church of the Gardens (COTG) in response to disciplinary proceedings initiated by the Washington State Bar Association. The letter asserts that both Mr. Stafne’s and the Church’s rights under the First Amendment—specifically freedom of speech, conscience, religious exercise, and petition for redress—are being violated by state disciplinary mechanisms that aim to suppress structural legal critique. It also addresses national concern about judicial overreach, citing public statements from President Trump in response to decisions by senior judges in the Western District of Washington, and incorporates international human rights standards that protect the independence of legal advocates.
DESCALABRO NOS USA : PAIS, FILHOS, AVÓS - MILHARES DE FAMÍLIAS MASSACRADOS EM TRIBUNAIS NORTE AMERICANOS
https://vitimasfalsoscondominios.blogspot.com/2025/12/descalabro-nos-usa-pais-filhos-avos.html
WHAT IF IT WERE YOUR MOTHER? TORTURE NEVER AGAIN ! JUSTICE FOR OMANA THANKAMMA NOW !
https://vitimasfalsoscondominios.blogspot.com/2025/07/what-if-it-were-your-mother-torture.html
Associações de "fachada" BURLAM leis FEDERAIS no Rio de Janeiro
ENQUANTO NO RESTO DO BRASIL AS ASSOCIAÇÕES CIVIS LEGALMENTE CONSTITUIDAS SÃO IMPEDIDAS DE IMPOR COBRANÇAS CONTRA MORADORES NÃO ASSOCIADOS, EM TERESOPOLIS , ORGANIZAÇÕES ILEGAIS, DESPROVIDAS DE QUALQUER TIPO DE REGISTRO CIVIL, CONTINUAM USANDO DOCUMENTOS FALSOS PARA EXTORQUIR MORADORES.
ATE QUANDO ?????
https://vitimasfalsoscondominios.blogspot.com/2011/04/associacoes-de-fachada-burlam-leis.html
Nenhum comentário:
Postar um comentário