TJ-SP denies injunction in judge’s action to annul exclusive notice for women

Judge Campos Mello, from the Special Body of the Court of Justice of São Paulo, denied the request for an injunction from a group of judges who asked for the annulment of a notice to fill the position of judge based on merit. Due to Resolution CNJ 525/2023, the vacancy is exclusive to women, which motivated the action of the magistrates.

The decision to deny the request was based on the absence of signs of illegality or abuse of power in the contested measure. Campos Mello highlighted that the notice is aligned with what was established in the CNJ standard.

He also highlighted that, for the provisional decision to be granted, a clear violation of the Constitution had to be proven, which did not occur. In the decision, the judge requested additional information from the authors and also requested a position from the Attorney General’s Office.

“In principle, there is no evidence of illegality or abuse of power in the act of war. In fact, it seems, at least in a perfunctory analysis, the contested act only gave effect to what remained established in the above-mentioned resolution. And here, in the preambular phase of the procedure, a basic principle of hermeneutics must be adopted, according to which the presumption of constitutionality of normative acts must be admitted, also in principle”, stated the judge in the decision.

The request

A group of 20 judges from São Paulo filed a writ of mandamus, with a request for an injunction, for the cancellation of the notice. The request was directed to the president of the TJ-SP, judge Fernando Antonio Torres Garcia.

In the document, the judges argue that they do not censor the political and social movement that seeks to guarantee and ensure the effectiveness of rights and opportunities for women, in the same measures that are granted to men. Despite this, they state that female quotas are not necessary in the São Paulo courts, as they occupy 40.78% of the positions.

“The disproportion between the number of women, compared to the number of men occupying the highest position in their career, does not mean that they have stopped being promoted. This difference is due to and is only related to the date on which they entered the judiciary and the natural delay in opening vacancies, which affects both genders equally, and which has increased, during recent years, as a consequence of the rise the age for compulsory retirement to 75 years old”, says the document. For the group, the disparity is already being resolved over time.

The fact that women have been approved in the competition to enter the judiciary since 1981, according to the judges, shows that they are not passed over for promotion to the last position in their career. Therefore, public policies aimed at solving gender inequalities should be applied in situations where there really is discrimination, according to them.

Process 2079924-89.2024.8.26.0000
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