CNJ retires judge from Alagoas who appointed his son’s office: ‘He lost his modesty’

Essay*

Unanimously, the National Council of Justice (CNJ) imposed a mandatory retirement sentence on the judge from Alagoas, Giovanni Alfredo de Oliveira Jatuba, after judging two disciplinary reviews during this Tuesday (2).

In the first case, the magistrate would have acted with partiality in proceedings. As for the second, the counselors considered that he acted despite a clear impediment.

“See that he is a judge who possibly lost his modesty due to the feeling of impunity, and here we are going to reinforce the retirement already completed in the previous process”, said counselor Marcello Terto.

The Court of Justice of Alagoas itself initially understood that there was an offense against the judge’s judgment and imposed a penalty of compulsory retirement. However, later, in second embargoes, the Court ended up acquitting the magistrate.

When analyzing the case, the CNJ, following the vote of the rapporteur, counselor Giovanni Olsson, overturned the embargo decision and reinstated the sentence imposed on the magistrate by the State Court of retirement.

The first case against the judge discussed in the session involves legal proceedings against former military police officers who were expelled from the corporation and were seeking reinstatement. The military responded to serious crimes, such as robbery.

In the second case judged, the magistrate would have appointed a lawyer belonging to the law firm of which his son was a member and subsequently received the case and granted an injunction in the interest of the business company sponsored by the lawyer appointed by him.

The counselors, following the rapporteur, counselor Marcello Terto, determined the review of the penalty imposed by the TJ/AL, applying the mandatory retirement penalty instead.

“It cannot be different in this case, because the magistrate took advantage of his position, acted with manifest impediment and, thus, carried out an act that characterizes a serious affront to the principles of independence, impartiality, transparency, prudence, professional and personal integrity, dignity, honor and decorum, in addition to causing damage to the image and credibility of the Judiciary”, he amended.

*with Crumbs