A former judicial officer of the Court of Justice of Rio Grande do Sul (TJRS) will have to pay a fine to the National Council of Justice (CNJ) for litigation in bad faith. The decision was taken in the judgment of an administrative appeal filed by the former employee in a disciplinary complaint in which he questioned his dismissal, applied by the Rio Grande do Sul court in 2019.
According to the vote of the national inspector of justice, minister Luis Felipe Salomão, the complainant had already presented at least 39 files to the CNJ without presenting new facts about the case. The fine applied is two minimum wages. The vote was followed unanimously, in the 15th Virtual Session of the CNJ, which ended on October 27th.
The dismissal of the former Justice officer was based on a medical expert’s conclusion that the applicant did not have the psychological conditions to perform the duties of the position, having presented, while still in the probationary period, irregular, impartial and unbalanced behavior in the exercise of his duties. functions he held.
“While access to this National Council of Justice is as broad as possible, the abuse of the right of action cannot be allowed, which, like any other right, also finds its limitations in the legal system and must be exercised responsibly”, highlights Minister Salomão. The ruling in Disciplinary Complaint 0003040-14.2023.2.00.0000 was published this Tuesday (7/11).
According to the precedent of the Superior Court of Justice (STJ) indicated in the ruling, abuse of the right to action is characterized by the exaggerated or distorted use of this right, with the aim of prolonging, delaying or preventing the progress of processes.
Bad faith litigation was characterized, among other elements, by the fact that the applicant was aware that the claim had already been assessed by the National Inspectorate several times and by the reckless procedure, by filing several files with the same object, to provoke procedural turmoil and for demonstrating a lack of cooperation.
“The attitude of an applicant who sends a challenging e-mail to the National Inspectorate, the highest correctional authority of the Judiciary, with an intimidating tone, with the clear objective of causing procedural turmoil, is also not consistent with good faith and procedural loyalty.”
CNJ News Agency
