CNJ decides to subpoena judge who associated Lula with thefts – 08/01/2023 – Mônica Bergamo

The National Inspector of Justice, Luis Felipe Salomão, determined that Judge José Gilberto Alves Braga Júnior, from the district of Jales (SP), be summoned to present his defense after associating President Lula (PT) with thefts. The magistrate will have 15 days to manifest.

The judge suggested that the Chief Executive minimizes and even contributes to the increase in cell phone theft by decreeing the preventive arrest of a man who allegedly committed the practice. The case was revealed by the column.

The decision of the CNJ (National Council of Justice) takes place within the scope of a representation filed by the Advocacy General of the Union (AGU) that accuses the judge of having committed abuse of rights.

Justice Luis Felipe Salomão states that there are signs of breach of the ethical code by Braga Júnior and that, “apparently, the magistrate extrapolated the limits of the exercise of his freedom of expression, not to be confused with the free conviction the imputation to the president of the Republic of speech that relativizes criminal conduct on the basis of a judgment in a judicial process”.

The theft episode was judged by Braga Júnior on the last 22nd, a Saturday, during the judicial duty. The defendant frequented a snack bar in a town close to Jales when he was arrested red-handed, accused by the owner of the establishment of stealing a device that was in the possession of her daughters.

“Perhaps the theft of a cell phone has become a common practice in the capital, not least because this conduct is relativized by those who hold the current position of President of the Republic, but for those who live in this region, crime is a crime, and it cannot be considered as normal and The conduct of someone who subtracts what belongs to someone else is acceptable”, said Braga Júnior, at the end of the custody hearing.

The mention of Lula refers to false news disseminated in the 2022 elections. The then president, Jair Bolsonaro (PL), even reproduced it during the national convention of his party.

The CNJ accepted the AGU’s thesis that the judge could not have cited in his decision fake news spread by the former president and that it would be easy to check.

For Minister Salomão, the judge’s speech was “aggravated for being lacking in diligence as to the reliability of the information disseminated”. “It is a magistrate’s duty, especially in the basis of his judicial decisions.”

The statement made by Bolsonaro was based on a manipulated video that has been circulating on Bolsonarist networks for some years. In it, two distinct speeches by Lula were edited with the aim of changing the meaning of the statement.

In addition to mentioning the current president, the judge of the district of Jales also cited in his decision a publication that dealt with the ten biblical commandments.

According to the magistrate, theft, even if practiced in a country town, inhabited by “good and honest people”, is an act contrary to the legal system and not acceptable, “even if violence and a serious threat are absent”.

_{with BIANKA VIEIRA (interim)KARINA MATIAS It is MANOELLA SMITH}

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