The CNJ goes against Barroso and sues the Lava Jato magistrates

With a score of 9 votes in favor and 6 against, the National Council of Justice (CNJ) decided on Friday the 7th to open administrative disciplinary proceedings on the conduct of the magistrates who worked in Operation Lava Jato – judges Danilo Pereira Júnior and Gabriela Hardt and judges Carlos Eduardo Thompson Flores Lenz and Loraci Flores De Lima.

Minister Luís Roberto Barroso, president of the CNJ (and also of the Federal Supreme Court), had defended the rejection of the proposal by the national justice inspector, Minister Luís Felipe Salomão, but his thesis was defeated.

Eight councilors accompanied Salomão, voting for the disciplinary investigation of the four magistrates. Councilors Caputo Bastos, Mônica Nobre, Daniela Madeira, João Paulo Schoucair, Daiane Nogueira, Luiz Fernando Bandeira de Mello Filho, Marcelo Terto and Ulisses Rabaneda dos Santos voted in favor of opening the procedures.

The decision implies maintaining the removal of judges from the Federal Regional Court of the 4th Region, in Porto Alegre (TRF4) – Lava Jato appeal court.

On April 16, the CNJ annulled Salomão’s monocratic decision and annulled the dismissal of the judges. At the time it was thought that the dismissal before the start of administrative proceedings concerning the conduct of the magistrates was exceptional.

Virtual session

Now the councilors have returned to the topic in an open virtual session to decide on the opening of administrative disciplinary proceedings. Accompanying Barroso were councilors Alexandre Teixeira, José Edvaldo Rotondano, Pablo Coutinho Barreto, Renata Gil and Guilherme Feliciano (partially).

The president of the CNJ argued that the responsibility of judges for the exercise of judicial acts “must occur in completely exceptional cases, when serious misconduct or absolute unfitness for office is ascertained, under penalty of violation of the guarantee of independence of the judiciary “. In his opinion there is no evidence of such conduct in the case of the Lava Jato magistrates.

The information is from the newspaper The State of S. Paolo.

Source: Terra

Rose

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