CNJ guaranteed full defense to the judge who attacked the woman – 03/08/2024 – Frederico Vasconcelos

The CNJ (National Council of Justice) acted firmly and prudently when opening a disciplinary review and removing judge José Daniel Dinis Gonçalves, from Araçatuba (SP), from office this Tuesday (5).

He was accused of causing serious bodily injury to his wife in an argument at the residence, without witnesses. He claimed to have acted in self-defense.

The trial took place in the week in which International Women’s Day is celebrated, a coincidence remembered in strong votes from several counselors.

The president of the CNJ, Luís Roberto Barroso, and the national inspector, Luis Felipe Salomão, opened wide space for the contradiction and the magistrate’s versions.

The omission of the magistrate, who did not provide assistance to the woman, as per the Police Inquiry and disciplinary process, influenced the unanimous decision.

The panel considered the penalty applied by the TJ-SP (censorship) mild, given the seriousness of the facts, and the disproportionality between the injuries to the couple confirmed by expert reports.

“While the magistrate only had minor scratches and abrasions, his ex-wife suffered a spinal injury, skull edema, bruises on the left pectoral region and right arm, intracranial trauma. She remained hospitalized for two weeks, unable to perform usual activities within a period of 30 days”, narrated the national inspector.

“I confess that I had a lot of doubts about the precautionary removal”, Salomão said, at the beginning of the session.

The judge was in office at the Public Finance Court in Araçatuba. Salomão warned: “Although the facts are not contemporary, they happened in December 2021, he can work shifts during the weekends.” In other words, he may decide on similar cases.

Lawyer Danyelle da Silva Galvão defended the judge (on video). She said that the Attorney General’s Office decided to apply the penalty of censorship. “The defense does not deny that the injuries that suffered his wife are more serious, but within the scope of the trial, in the instruction, it was clear that the penalty of censure would be sufficient and appropriate,” she said.

“There is no act that discredits the judge’s conduct, this happened in a family environment. There was no clear intention to hurt her,” he said. “There was no complaint for failure to provide assistance,” he said.

First to vote, councilor João Paulo Schoucair said that “the woman was mutilated, crushed, from the little finger to the brain cavity”.

“I vote for the magistrate’s removal from office so that we can have peace of mind during this instruction” [coleta de provas]said Schoucair.

Barroso asked Salomão to reread the scene of the attack. “It’s to know if he [o juiz] he wasn’t defending himself [de agressões].

Heard at TJ-SP, the judge’s ex-wife said that she had hit her head, and the judge turned his back. “I was in a lot of pain; I couldn’t feel my legs. He turned his back.”

“He packed three suitcases, left the three suitcases next to me; he went to the car. Samu arrived and he didn’t pay any attention.”

The president of the CNJ read excerpts from the judge’s testimony in the police investigation.

“There was an argument the night before. She threw punches. I’m sure she would end up injuring my left arm, where I have an arteriovenous fistula for which I undergo hemodialysis three times a week. At no point did I intend to injure her,” said the judge .

“It’s a version of self-defense,” said Barroso.

Marcos Vinícius Jardim asked to speak: “It’s the rule. In cases of domestic violence, situations in which the aggressor confesses are very rare. Either he denies it or compromises.”

“We have rules that value the victim’s testimony,” said Jardim.

“What surprised me most was the failure to provide help,” said Marcello Terto. “No one in shock packs a suitcase. He packed three.”

Daiane Nogueira understood that the case was one of “late removal”.

Luiz Fernando Bandeira de Mello Filho said: “A man who hits a woman does not deserve to be a judge.”

Alexandre Teixeira had voted against suspending the judge. He reviewed his position. “I had doubts, I don’t anymore.”

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