CNJ investigates alleged cross nepotism at the Minas Court – 04/11/2023 – Frederico Vasconcelos

The National Council of Justice opened, this Tuesday (11), Administrative Disciplinary Procedure to investigate the suspicion of cross nepotism practiced by judges Paulo Cézar Dias and Eduardo Cesar Fortuna Grion, of the Court of Justice of Minas Gerais.

The suspicions were identified in an extraordinary correction in the offices of judges of the TJ-MG in the management of the then national corregedora, Minister Maria Thereza de Assis Moura.

Based on the grounds of the ex-inspector, the current rapporteur, National Inspector of Justice Luís Felipe Salomão, narrated the following:

Paulo Cézar nominated his own daughter for the position in the judicial auxiliary commission. Years later, the daughter was nominated, by indication of the judge Eduardo, for the position in the commission of judicial advisor.

However, instead of exercising the position in Eduardo’s office, he informally transferred her to her father’s office. That is, Paulo Cézar admitted his daughter to work in his office, under his indirect subordination, in the form of an informal assignment.

In order not to keep the assigning judge’s office empty, Paulo Cézar appointed Judge Eduardo’s wife to the position of judicial advisor in his office and, later, informally transferred her to her own husband’s office.

According to the rapporteur, the fact that the servants are public servants does not remove the suspicion of nepotism.

Salomão observed that the absence of a personal access password to the court points to the fact that they would act in the condition popularly called ghost servants.

The voluntary retirement of one of the judges, according to the national inspector, is irrelevant for the continuation of the process, in the face of a possible sanction that transforms voluntary retirement into compulsory.

Salomão saw no need to remove the judge who is still active at TJ-MG.

“I am convinced that it is necessary to institute an administrative procedure to adequately investigate the practice of nepotism”, said Salomão.

“In addition to nepotism, what appears from the records is that the servants would be ghosts, that is, they received and did not work”, said the national inspector.

Registered to make oral support, the lawyer Israel Felipe Martins Damasceno gave up the floor.

OTHER SIDE

In February 2021, the CNJ plenary approved a report presented by the then national inspector, Maria Thereza de Assis Moura, and opened a disciplinary complaint about the facts judged this Tuesday.

The suspicions were identified in an extraordinary correction in the offices of judges of the Court of Justice of Minas Gerais.

On that occasion, the court stated, in a note, that all the servants mentioned were “contestants and perform their duties in highly productive judges’ offices”.

Here is the full statement:

Regarding the news published, containing offenses to the reputation of TJMG magistrates, the Institutional Communication Office distributed the following note to the press:

“The TJMG states that it has strict control to avoid the practice of nepotism, which consists of the exercise, by people who are not public tender, of a commissioned position or a gratified function, by a spouse, partner or relative in a straight line, collateral or by affinity, up to and including the third degree, of judges or servants invested in leadership, management or advisory positions.

It clarifies that it observes all the guidelines of the precedents and decisions of the Federal Supreme Court to avoid the practice of nepotism, and that all the servants mentioned in the published news are public servants and perform their duties in highly productive judges’ offices.

It also informs that it vehemently repudiates the broadcasting of news to the detriment of the constitutional principle of the presumption of innocence, since this practice can tarnish the image of honorable people and who have not committed any illegality, in order to reach institutions that guarantee the rule of law.”

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