Federal Supreme Court Minister Cármen Lúcia rejected this Thursday 30 an injunction that the defense of Labor Judge Marcos Scalercio asked to suspend the conduct of the administrative disciplinary process (PAD) to which he answers before the National Council of Justice (CNJ ) . Carmen, who is the rapporteur on the case, deemed the injunction “flawed”. The decision has not yet been published in the Official Gazette.
On the 23rd, the magistrate filed a writ of mandamus before the Supreme Court, with the aim of canceling the CNJ Disciplinary Process. The main argument of the appeal is that the witness investigations would be null and void, as they violate the rule of article 212 of the Code of Criminal Procedure, which establishes that the lawyers of the parties must address the questions directly to the witnesses, and the judge of the case can appear only in following.
“The investigating judge has launched all the investigations, with the clear intention of exhausting the depositions, starting to limit the defensive questions that intended to clarify previously resolved points”, say Scalercio’s lawyers.
The action contains a request for an injunction to suspend treatment of the PAD. This request was appreciated by Carmen Lúcia last Thursday.
Since 6 September last year, the magistrate has been absent from office due to allegations of sexual harassment against him. The Me Too Brasil Movement, which centralized most of the victims, came to account for almost 90 complaints, which were presented to the Regional Labor Court of the 2nd Region, where Scalercio operated.
In all, Marcos Scalercio responds to two disciplinary administrative proceedings, one in the CNJ and one in the TRT-2, and a disciplinary complaint (RD) also in the Labor Court. The sanctions envisaged by the organic law of the judiciary can only be applied in the PAD. There are 64 complaints distributed in these three procedures, which are confidential.
The judge’s attorneys try to prove in administrative proceedings that most of these charges are unsuccessful. The Disciplinary Process of the Regional Labor Court includes 22 appeals. Among them, eight victims agreed to testify and only one had personal contact with Marcos Scalercio.
The Complaint, in turn, brings together 39 anonymous cases. The defense claims that only four victims have been identified: one of them would already be in another trial. The Disciplinary Process of the CNJ is instructed with three cases.
To the Stadiumthe lawyer Leandro Raca, who defends Marcos Scalercio, sent the following statement:
In the disciplinary administrative process, the discipline of the production of evidence of the criminal trial is applied, which provides that the interrogation of the witnesses is carried out directly by the parties and, subsequently, by the judge.
In the case in question, the investigating judge has started all the investigations, starting to limit the defensive questions aimed at clarifying previously resolved points. He also began answering on behalf of the defendants, despite repeated protests from the defense.
Marcos Scalercio’s defense called the Federal Court to ensure that the court’s established jurisprudence was enforced.
Source: Terra
Rose James is a Gossipify movie and series reviewer known for her in-depth analysis and unique perspective on the latest releases. With a background in film studies, she provides engaging and informative reviews, and keeps readers up to date with industry trends and emerging talents.
