CNJ removes judge for giving his opinion in a WhatsApp group of businesspeople

The National Council of Justice (CNJ) unanimously decided to remove judge Marlos Melek, from the Regional Labor Court (TRT) of the 9th Region, this Wednesday (19). “The judge allegedly expressed his political position on social media, with systematic attacks on the Federal Supreme Court (STF) and the Superior Electoral Court (TSE)”, according to the CNJ.

In addition to the removal, the agency opened an administrative disciplinary proceeding (PAD) against Melek. The national inspector of justice, minister Luis Felipe Salomão, was responsible for reporting the disciplinary complaint filed by the Brazilian Association of Jurists for Democracy (ABJD), which is formed by a group of left-wing jurists who have filed several actions against conservatives in the STF .

According to the entity, the judge had participated in the group called “Empresários & Politics” on a messaging application. In this group, topics such as “coup d’état” and “offenses against ministers of higher courts and criticism of the actions of the Judiciary” would be discussed. Melek is accused of allegedly interacting about journalistic articles with a political-partisan nature. The case cited by left-wing jurists would be a criticism of an article about a “religious man who helps the vulnerable population in the City of São Paulo”.

The rapporteur considered that the evidence points to the possible practice of disciplinary infractions, in violation of the Organic Law of the National Judiciary and the Code of Ethics of the National Judiciary. “The normative framework that governs the judiciary requires the judge to act separately from any political-partisan manifestation”, highlighted Salomão.

This is not the first time that the Judiciary has spoken out about exchanging messages in private groups on WhatsApp. In August 2022, Minister Alexandre de Moraes authorized the Federal Police to carry out an operation against eight businessmen who allegedly defended a coup d’état in conversations in a message group, in the case of the victory of Luiz Inácio Lula da Silva (PT) in the October elections.

Almost a year later, Moraes closed the investigation against six of them. The seized cell phones and computers, which were with investigators until now, were returned. In the decision, he acknowledged that the “lack of just cause” to keep the investigation open is “patent.”