Justice Nancy Andrighi marks her Silver Jubilee this week as a member of the Superior Court of Justice (STJ). Over 25 years serving the “Citizenship Court,” she has become known for her deep expertise in Private Law and for the social awareness that defines her approach to judging.
Appointed in 1999 by President Fernando Henrique Cardoso, she joined the STJ after serving on the Court of Appeals of the Federal District. Before that, she was a judge in the state of Rio Grande do Sul, where she was born in Soledade in 1952.
She is the second woman to join the STJ — the first, Justice Eliana Calmon, joined just months earlier, also in 1999. Justice Andrighi could have been the first woman to preside over the court but chose not to run for the position in 2016, when the honor went to Justice Laurita Vaz.
She is a member of the 3rd Panel and the 2nd Section, which handle Private Law matters, as well as the Special Court, which consists of the 15 most senior justices. She also serves as the General Coordinator of the STJ’s Judicial Center for Conflict Resolution.
Well-Deserved Tributes
STJ President, Justice Herman Benjamin, described Justice Andrighi as “the business card of the Brazilian judiciary.”
“Her dedication to work, firm principles, encyclopedic legal knowledge, and unmatched public spirit, among so many other qualities, serve as an example for both young and experienced judges. I am deeply proud to serve on a court that includes Justice Nancy Andrighi. Her journey among us continues — to our joy and for the comfort of the Brazilian people, especially the vulnerable.”
STJ Vice President, Justice Luis Felipe Salomão — who generally avoids commemorating special dates because he believes, in the words of García Márquez, that “it is life, much more than death, that has no limits” — made a deserved exception to praise his colleague.
“Some people are truly special, and I believe that justifies celebrating a milestone like this — the first jubilee of a great judge at the STJ. Nancy is one of those special people. A Judge with a capital J. Dignified, independent, courageous, competent. She taught me, by her example, the importance of closely caring for the ‘painful’ cases in our lives as judges,” he said.
“Without needing to say a word, I can see how special she is in daily life — in the care she shows for others, especially the underprivileged and people with special needs, in how she organizes her work, her dedication to everything she does, and in her presence as a ‘Woman’ — also with a capital W — which sets her apart. So yes, we should celebrate this new chapter, wishing her health and peace now and always. May there be another 25 years!”
Justice Luís Roberto Barroso, current President of the Federal Supreme Court, also congratulated Justice Andrighi and stated she is “always attentive to the needs of Brazilian society.” “Her path has been marked by seriousness and dedication to Brazil.”
Retired Justice and former Supreme Court President Celso de Mello described her as one of “the most complete and honorable judges in the Brazilian judiciary, particularly recognized for her brilliant performance, which greatly honors the prestigious Superior Court of Justice.”
“Her rulings and decisions are masterful and paradigmatic, serving as significant references for the evolution of case law and the development of national legal thinking,” he said.
According to Supreme Court Justice Gilmar Mendes, Justice Nancy Andrighi has honored the finest traditions of the Brazilian Judiciary over these 25 years, delivering memorable votes not only in Private Law (especially Consumer Law) but also in Civil Procedure (particularly collective actions).
“Her commitment to applying the law — combining extensive theoretical knowledge with a humanized approach to judging — has always been evident in her various roles at the court and continues to inspire her decisions on the Special Court, the 2nd Section, and the 3rd Panel. With the same fearlessness and technical rigor, she also served on the Superior Electoral Court (TSE) and the National Justice Council (CNJ), leaving an indelible mark on every decision. Without a doubt, Justice Nancy has shaped the court’s history through her sensitivity and empathy, elevating the national judiciary in its pursuit of effective, swift, and fair justice.”
Attorney General Paulo Gonet Branco emphasized that Justice Nancy “has fulfilled the high expectations set when she first joined the STJ, demonstrating a privileged intelligence, exemplary dedication to legal study, and a commitment to doing good. The country is fortunate to have her in the service of Justice.”
Frederico Mendes Júnior, President of the Brazilian Magistrates Association (AMB), stated that the justice reaches her 25-year milestone at the STJ with significant contributions to the justice system and to the national judiciary. “She has always upheld the essential independence judges need to properly perform their public duties. Justice Nancy is synonymous with seriousness and dedication to Justice and, above all, to the people it serves.”
Alessandra Mourão, founding partner of Nascimento e Mourão Advogados, described Justice Andrighi as one of the leading authorities in mediation and conciliation in Brazil. “She has publicly spoken about the inefficiency of state-run conflict resolution mechanisms as represented by lawsuits. And during her tenure as CNJ Inspector General, she was a key leader in successful nationwide mediation drives at that time.”
Landmark Rulings
Justice Nancy Andrighi’s quarter-century career at the STJ is marked by numerous landmark rulings — with recent ones only adding to that legacy, especially in the area of Consumer Law.
Thanks to her participation, the 2nd Section ruled that a resident harmed by factory pollution may be considered a consumer by analogy — due to the consumer-related nature of the accident — and can sue the supplier for damages.
She helped define the circumstances under which banks can be held liable for social engineering scams, to which account holders are especially vulnerable — such as fake invoice scams or “motorbike courier” scams.
She led the court to conclude that the absence of individualized information about harmed consumers should not prevent the use of “fluid recovery,” as established by the Consumer Protection Code.
Justice Andrighi also authored the ruling that a relationship will only qualify as a consumer relationship — and thus fall under the Consumer Code — if the supplier acted within their professional and habitual activity.
A strict and principled judge, she also contributed to case law in the 3rd Panel, allowing atypical enforcement measures — such as seizure of a driver’s license or passport — to last long enough to compel debtors to comply, showing them that paying the debt is the better option.
“Painful Cases”
Justice Nancy Andrighi’s time at the STJ has been especially defined by what she calls “painful cases” — emotionally sensitive matters like Family Law, child custody, and alimony.
In 2011, she ruled that shared custody should not merely be an option for separated parents, but the default standard adopted by the courts to prioritize the best interests of the child — a principle later incorporated into Law 13.058/2014.
She has also taken a firm stance in cases involving health insurance, always mindful of the vulnerable position of patients amid widespread litigation in this area.
In one case, she ruled that coverage for morbid obesity treatment requiring hospitalization must continue until the patient is medically discharged. She has consistently ruled that health insurers must cover multidisciplinary therapy without session limits when medically prescribed.
In the Special Court, she was responsible for reviewing a high-impact precedent, leading the court to determine that during the enforcement phase, when a debtor deposits the debt amount (in part or in full), they are not automatically exempt from paying interest and inflation adjustments.
The idea is that when the money is handed over to the creditor, it should include the interest and inflation that the bank would have earned while holding the deposit. Any remaining shortfall must still be paid by the debtor, in line with the judicial order.
Legal Conjur Magazine, October 31, 2024, 12:21 PM
