Barroso will take over CNJ, which punishes judges for political speeches – 07/14/2023 – Power

In October, Minister Luís Roberto Barroso will assume the presidency of the STF (Supreme Federal Court) and also of the CNJ (National Council of Justice), a body with the attribution of judging the conduct of all judges in the country and which recently hardened the sentence. magistrates for political demonstrations.

Barroso was involved in controversy on Wednesday night (13) when he made a political demonstration and included himself among those responsible for defeating former president Jair Bolsonaro (PL).

“We defeated censorship, we defeated torture, we defeated Bolsonarism to allow democracy and the free manifestation of all people,” he said at a UNE (National Union of Students) event.

The council that will be chaired by the minister has increased attention to political statements by judges in recent years.

Countless norms have existed for decades to limit the participation of magistrates in political activities. In 2019, given the worsening polarization in the country, the CNJ approved imposing an express veto on judges’ support or criticism of politicians on social networks.

Since then, the council has applied sanctions to several magistrates who have criticized both Bolsonaro and current President Lula (PT).

The council has already punished, for example, Regiane Santos, an electoral judge in Paraná, for claiming that the PT is corrupt, and Luiz Vargas, a labor judge, for calling the former president a genocide.

At the time of approval, the resolution divided opinions. The judiciary’s professional associations were opposed and stated that it would not be necessary because other laws already limit the political pronouncements of judges.

Minister Dias Toffoli, who was president of the CNJ at the time, said that detailing the rules for demonstrations by judges was important to provide security to judges. “At the end of the day, we will see that this regulation –which obviously can be updated and improved– will provide guidelines and peace of mind for the free expression of thought and for the free expression of magistrates”, he said.

Counselor Luciano Frota, however, adopted a tough tone by voting against the resolution. “Establishing, a priori, the prohibition of expression of opinion or public criticism, political party candidate, political leadership, without considering the context, is to impose prior censorship, frustrate the exercise of citizenship, restrict the free expression of thought”, stated.

The Organic Law of the Judiciary of 1979 already prohibited the participation of judges in party-political activity. The 1988 Constitution followed the same line and also established the veto.

In 2008, the CNJ instituted the Code of Ethics for the National Judiciary and again established that “judicial independence implies that the magistrate is forbidden to participate in party-political activity”.

As of 2019, with the resolution that regulated the use of social networks by judges and reaffirmed the limits for statements by judges, the CNJ increased the pace of decisions on the subject.

The council even suspended social media accounts of first and second instance judges.

The Corregidor General of Justice, Minister Luís Felipe Salomão, for example, took down the profiles of the Rio judge Marcelo Buhatem for publishing that “Lula is a guest of honor of the Comando Vermelho”.

According to the CNJ, it was “fake news”. The collegiate later endorsed the decision, as happened with the judge of Amazonas Rosália Sarmento for asking for a vote for Lula and attacking Bolsonaro.

After the declaration on Bolsonarism, the Supreme Court issued this Thursday (14) two notes to explain the pronouncement. In the second of them, the minister stated that he used the expression when, in fact, he was referring to “the coup-mongering and violent extremism that manifested itself on January 8 and that corresponds to a minority.”

“I never intended to offend the former president’s 58 million voters or to criticize a conservative and democratic worldview, which is perfectly legitimate. I have the utmost respect for all Democratic voters and politicians, whether conservative, liberal or progressive “, he said.

The minister should assume the presidency of the Supreme Court in October due to the retirement of Minister Rosa Weber, who will complete 75 years. The head of the STF always accumulates the command of the CNJ.

His statement caused a harsh reaction in the political world, and not just from Bolsonaro allies.

The president of the Senate, Rodrigo Pacheco (PSD-MG), classified the minister’s speech as unfortunate, inappropriate and inopportune. Bolsonaristas, in turn, asked for the impeachment of the magistrate.

Barroso’s speech adds to other controversies in recent years between the STF minister and Bolsonaro’s allies.

He was president of the TSE (Superior Electoral Court) when the then Chief Executive defended the institution of printed votes. Bolsonaro even cursed the Supreme Minister.

On a trip to New York last November, Barroso was harassed by Bolsonarists who called for a military coup after the result of the 2022 elections. In response to a protester, he said: “You lost, mané.