(J. R. Guzzopublished in the newspaper State of Sao Paulo July 27, 2022)

Minister Edson Fachin of the STF currently holds the presidency of the TSE, the service that controls elections and the counting of votes in Brazil, a function that requires the most obvious impartiality on the part of those who carry it out, especially today, when there is a heated and public discussion about the security of the Brazilian electoral system. Here, correct behavior alone is not enough: voters must believe with 100% certainty that it is indeed correct, and that the referees of the game do not favor or oppose either side on the field. This is the beginning, middle and end of the problem with Minister Faschen: he does his best by his official actions to give the impression that he is not impartial.

Fashin was a lawyer for MST, an extremist left-wing organization that openly defends the practice of crime – trespassing, assaulting people, destroying property, and so on. He was an activist in the election campaign of Dilma Rousseff, from whom he won a seat in the STF. He made one of the most extravagant decisions in the history of Brazilian justice – he annulled, without mention of evidence or guilt of the defendant, four criminal cases against former President Lula, including his conviction for crimes of corruption and money laundering, in three instances and nine different magistrates. It was that decision, and that alone, that made Lula’s candidacy in this election possible.

In fact, with such a list, Faschen would have to make a double effort to show the public that his political leanings would have nothing to do with his playing in the elections next October. But he does just the opposite. It makes a double effort, yes, only that effort is to make people believe that they support Lulu. His last campaign manifesto was to be received in his office members of the group of lawyers “Prerogatives”, who actively campaigns for the candidacy of the former president with public statements and money; for it has already been celebrated, and one of its most prominent members is the author of the doctrine, according to which it is not necessary to punish for “already” committed crimes. In expounding this principle, he had in mind the crimes of Lula.

The minister, in his speech to lawyers, stated that TSE he will not tolerate “electoral denial”; Since the only denier in Brazil, according to the mass preaching of his opponents, is the President of the Republic, it became clear which side the current head of the TSE is on in the election campaign for the presidency. Fashin said he was not embarrassed by “threats and intimidation” and declared himself a “judge”. Real judges don’t go to rallies like visiting lawyers do; they speak only on the case file and do not meet with any of the parties to the case before them in court. This is the opposite of what a minister does.