CNJ suspends election that defined a triple list for the vacancy of judge at the Court of Justice | Tocantins

The TJTO Plenary chose the names on April 18th. Those elected to compete for the Fifth Constitutional vacancy, which is intended for lawyers and members of the Federal or State Public Ministry.

In a note, the Judiciary informed that it is aware of the suspension and is awaiting analysis and a final decision from the CNJ. (See full note at the end of the report)

Attorneys João Rodrigues Filho, José Demóstenes de Abreu and Leila da Costa Vilela Magalhães had the majority of votes. The list was sent to governor Wanderlei Barbosa (Republicans), who must indicate one of the names.

According to the decision of an administrative control procedure, included in the process on Monday (29), the reporting advisor understood that the way in which TJ members voted did not meet CNJ standards, which must be done “in a public session, through open, nominal votes”, according to the 2007 recommendation.

“If the TJTO did not create the secret ballot rule by regiment, the open voting rule established by Recommendation no. 13 and the precedents of this CNJ is valid […] Therefore, there is an obligation to vote openly, by name and based on the list issued by the fifth constitutional law”, stated the rapporteur in the decision.

In addition to suspending the election, the CNJ determined that the TJTO refrain from forwarding the list to the Executive Branch. If it has been sent, the Court will have to request its return and await deliberation by the National Council of Justice or until a new list has been formed through an open and nominal vote.

The most voted was prosecutor João Rodrigues (9 votes), followed by prosecutor José Demóstenes (8) and prosecutor Leila da Costa (6). They competed with fellow attorneys Ana Paula Reigota Ferreira Catini, Maria Cotinha Bezerra Pereira and Ricardo Vicente da Silva. The six names were formed by the Superior Council of the Public Ministry, in October 2023.

See the full note from the Court of Justice:

The Judiciary is aware of the suspension of the effects of the election that took place in the Full Court on 18/4 to form the triple list for the vacancy of Judge by the fifth constitutional judge from the Public Ministry. It is currently awaiting analysis and a final decision from the CNJ.