The CNJ (National Council of Justice) filed a disciplinary complaint against judge Maria do Carmo Cardoso (known as “Tia Carminha”) who, at the end of last year, used social media to praise the coup mobilizations that surrounded military installations.
Considered legal advisor to the Bolsonaro family, the TRF-1 judge wrote the following message on the networks, with the image of the Brazilian flag:
“We’ll see the World Cup later, 99% of Brazil’s players live in Europe, the coach is a PT member and Globolixo is leftist, our real national team is in front of the barracks.”
The decision was taken by majority in the plenary session on October 17, 2023. Four rulings are unavailable, possibly under judicial secrecy.
The vote of counselor Luiz Fernando Bandeira de Mello Filho (who wrote the ruling) prevailed.
Bandeira de Mello, an advisor appointed by the Senate, understood that the demonstration had a “restricted scope and limited scope”. He adopted the “principle of insignificance” or “trifle”.
The president of the CNJ, minister Luís Roberto Barroso, the national inspector of Justice, Luís Felipe Salomão (rapporteur), and the counselors Vieira de Mello, Mauro Pereira Martins, Salise Sanchotene, and Jane Granzoto, who defended the opening of PAD ( Administrative Disciplinary Process) .
Barroso had ordered the suspension of the judge’s profiles on the social networks Instagram and Twitter, a decision complied with by Facebook Brasil and Twitter Brasil. The judge’s accounts were completely blocked on December 13, 2022.
In her defense, the judge maintained that she was not the author of “any publications capable of characterizing a violation of the legislation that governs the judiciary”. She stated that she “is not even aware of or remembers” the content of the publication.
Excerpts from Bandeira de Mello’s vote
– The practiced conduct, although reprehensible and formally typical, is atypical from a material aspect, being unable to obtain sufficient substrate for its processing through a PAD.
– The determination to retain the magistrate’s personal profiles on social networks is sufficient to repress the act and, at the same time, deliver, from the outset, the expected pedagogical nature.
– In addition to the shared image being unique, as there is no news in the file that the defendant has previously expressed herself politically on social media, the message contained in the image was not directly written by the Judge and was made available on her personal profile on the social network Instagram in temporary publication functionality (story).
– Certain conduct may be formally typical, but materially atypical due to the insignificant offense they have caused to the protected legal asset, as is the case in the case. This is the basis of the principle of insignificance or trifling.
– Recently the CNJ Plenary stopped instituting PAD in favor of a Judge applying the principle of insignificance, given the material atypicality of the conduct practiced.
– PAD processing will do little to strengthen the imputation. There will also be no evidence for the conviction or for the imposition of a penalty applicable to the defendant, occupying the position of judge (in which the milder penalties of warning and censure are not applicable).
Excerpts from Minister Salomão’s defeated vote
– The judge did not observe the required caution and exceeded the limits of her freedom of expression by publishing a message on her Instagram social networks with clearly political content (…), in a context and period recognized by the judge herself as concomitant with the elections 2022.
– The statement of “not knowing” or “not remembering” the content of the post made stands out, which, in addition to indicating the defendant’s stance, [a magistrada] in evading the specific defense of the charges directed at her, is absolutely contradictory to the fact that she does not, at any time, challenge being the account holder.
– The mention in the post that “our real team is in front of the barracks” makes it indisputable that the intention of the post, possibly, was to effectively associate the sporting context with the 2022 elections, and the demonstrations known to have occurred at the time, of antidemocratic content.
– It can therefore be inferred that there is a possible incitement to anti-democratic social conduct that goes beyond the exercise of activities, in theory, party political, as only occurs with speeches indicative of prejudice, discrimination, hatred and even incitement to movements that celebrate principles and conduct contrary to the Democratic Rule of Law.
Influence of the judge in the Judiciary
As this blog recorded, Maria do Carmo Cardoso was the godmother of judge Kassio Nunes’ appointment to Celso de Mello’s seat on the Federal Supreme Court. Nunes’ nomination was also supported by minister Gilmar Mendes.
In 2014, the then General Inspector of Federal Justice, Minister Humberto Martins, included Kassio Nunes and Maria do Carmo Cardoso among the assistants in corrections and inspections at TRFs.
“Tia Carminha” is mentioned as a friend of senator Flávio Bolsonaro (Republicanos-RJ) and is part of a group of magistrates who circulate around senator Renan Calheiros (MDB-AL) and Humberto Martins, also from Alagoas, considered a godson of Calheiros .