Brazil’s judiciary sets 2026 agenda: elections, parliamentary amendments, and a new code of conduct

Brazil’s judiciary sets 2026 agenda: elections, parliamentary amendments, and a new code of conduct
The Brazilian judiciary, spearheaded by the Supreme Federal Court (STF) and the Superior Electoral Court (TSE), is gearing up for a pivotal year in 2026. Its agenda will be dominated by crucial cases involving electoral integrity, the transparency of parliamentary amendments, and the establishment of a robust code of conduct for its magistrates.

These institutional priorities aim to fortify legal certainty and ensure accountability across the political spectrum. The focus reflects a concerted effort to address long-standing issues that directly impact governance and public trust within the country.

High-profile judgments, including the trial of those involved in the murder of Rio de Janeiro councilwoman Marielle Franco and cases of alleged parliamentary amendment misuse, are also set to define the Supreme Court’s year.

Ethics and conduct code initiatives gain traction

The president of the STF, Minister Edson Fachin, emphasized the judiciary’s commitment to autonomy and independence, coupled with institutional integrity, during his final judicial year address in December. He reiterated his advocacy for continuous promotion of legal certainty, efficiency, and transparency, signaling a proactive stance for the upcoming year.

Entenda o caso: Marielle Franco murder trial’s opening day marked by defense challenging key witness testimony

Fachin is expected to advance a proposal for a comprehensive code of conduct specifically tailored for the justices of the Supreme Court. This initiative gained significant public attention following revelations by the press regarding Minister Dias Toffoli’s private jet travel with an attorney from Banco Master, a case in which Toffoli was the rapporteur.

Subsequently, media reports suggested a potential connection between Minister Alexandre de Moraes and Banco Master’s interests, an institution facing liquidation by the Central Bank due to alleged fraud. Despite a perceived minority within the Court favoring such a strict code, the need for a document outlining ethical guidelines for justices has gained considerable momentum. This growing sentiment underscores a broader call for enhanced accountability and public trust in the country’s highest judicial body.

High-stakes Marielle Franco trial scheduled

The First Panel of the STF is poised to commence the trial of the Brazão brothers and other individuals accused of involvement in the assassination of Rio de Janeiro councilwoman Marielle Franco and her driver, Anderson Gomes. The brutal crime occurred on March 14, 2018, drawing widespread international condemnation and igniting calls for justice.

Scheduled for in-person sessions on February 24 and 25, 2026, the trial holds significant public and political weight. Minister Alexandre de Moraes, the rapporteur for the criminal case, views this proceeding as a crucial opportunity to expose the intricate web of organized crime infiltration within Rio de Janeiro’s political landscape.

Saiba mais: Justice Cármen Lúcia defies bomb threat, asserts resilience at Brasília lecture on gender violence

The defendants include Domingos Inácio Brazão, a former Rio de Janeiro State Audit Court counselor; João Francisco Inácio Brazão, a former parliamentarian; Rivaldo Barbosa de Araújo Júnior, a civil police delegate; Ronald Paulo Alves, a military police major; and Robson Calixto Fonseca, another military police officer. All accused are currently either in preventive detention or under house arrest, awaiting their appearance before the Supreme Court.

Navigating the 2026 general elections

In 2026, the Superior Electoral Court (TSE) faces the complex challenge of overseeing the general elections, particularly concerning the proliferation of artificial intelligence and deepfake technologies in political campaigns. The court’s vigilance will extend to monitoring the use of such tools, which pose new threats to electoral integrity and public discourse.

Furthermore, the TSE will intensively scrutinize compliance with electoral quotas and the appropriate use of public campaign funds. These analyses are critical to ensuring fair representation and preventing misuse of resources. On October 4, 2026, approximately 150 million Brazilian voters will cast their ballots for president, governors, federal deputies, senators, and state deputies, with Minister Nunes Marques presiding over the electoral court during this significant period.

Parliamentary amendments under scrutiny

The Supreme Federal Court will maintain a sharp focus on the transparency and traceability of parliamentary amendments throughout 2026. Under the guidance of rapporteur Minister Flávio Dino, recent judicial actions have underscored the court’s commitment to these principles, including a decision to suspend parts of a bill that sought to reactivate previously canceled amendments.

Mais sobre o assunto: Marielle Franco murder case: Why the Supreme Court, not a jury, will try the alleged masterminds

Minister Dino is expected to prioritize strict adherence to transparency and traceability goals concerning the allocation of these public funds. He has also indicated that the release of parliamentary amendments to states and municipalities in 2026 will be contingent upon rigorous accountability measures and detailed financial reporting. This stance aims to curb potential misuse.

The judiciary’s emphasis on combating “diversion of purpose” and the electoral exploitation of these resources is anticipated to create significant friction between Congress and the judicial branch during the year. In a parallel development, the STF is scheduled to begin trials involving allegations of amendment diversion, with the first case set to be heard by the First Panel between March 10 and 11. Justices will consider the Prosecutor-General’s Office’s request for the conviction of federal deputies Josimar Maranhãozinho (PL-MA), Pastor Gil (PL-MA), and alternate Bosco Costa (PL-SE) on charges of passive corruption and criminal organization.

The future of gig economy labor

The STF plenary is also set to address the contentious issue of labor relations within the “gig economy,” often referred to as uberization. Justices aim to establish a definitive understanding and rule on whether an employment relationship exists between drivers and delivery personnel and platforms like Uber and iFood. This decision carries immense potential to reshape Brazil’s labor market, balancing social rights for workers with the economic viability of the gig economy model, though the court also awaits potential legislative action from Congress on the matter.

New ministerial appointment anticipated

Despite ongoing impasses between the federal government and the Senate, the appointment of a new STF justice is expected to be finalized in 2026, filling the vacancy left by Justice Luís Roberto Barroso. The judicial year is likely to commence with the anticipated swearing-in of Jorge Messias, the current Attorney General of Brazil, who was nominated by President Luiz Inácio Lula da Silva. Messias’s appointment requires approval from the senators to officially join the Supreme Court. Should the Senate reject the nomination, it would not only pose a significant setback for the government but also initiate a new race for a replacement nominee, a less likely but possible scenario. The arrival of a new justice signifies more than just filling a seat; it represents a critical recalibration of the Court’s internal dynamics and balance of power.

Brazilian judiciary, 2026 elections, parliamentary amendments, judicial code of conduct, Marielle Franco trial