CNJ will investigate conduct of judge who denied pregnant lawyer’s request for postponement

The Inspectorate of the National Council of Justice (CNJ) ordered this Wednesday (11) the opening of an investigation into the conduct of judge Georgenor de Sousa Franco Filho, of the Regional Labor Court of the 8th Region (TRT8), in Belém. In this Tuesday (10), Georgenor did not accept the request to postpone the trial of a case due to the imminent birth of the lawyer in the case.

“Pregnancy is not an illness. She is not part of the process, she is just a lawyer in the process. Send another replacement. There are more than 10 thousand lawyers in Belém”, said the judge in response to the lawyer’s request. After the release of the video of the session, CNJ counselors Marcello Terto, Marcos Vinícius Jardim, Luiz Fernando Bandeira de Mello and João Paulo Schoucair asked for the opening of a disciplinary complaint, as they considered that there was a possible breach of functional duties by Georgenor.

The case will be analyzed by the CNJ plenary. The national inspector of justice, minister Luis Felipe Salomão, pointed out that the judge’s stance may have violated the duty of civility towards colleagues and parties, but it is also necessary to analyze possible non-compliance with the procedural rights specific to lawyers during labor.

The decision also indicates asymmetry in the treatment of the parties involved, which may result in the non-adoption of the Gender Perspective in the judgments of the bodies of the Judiciary, which, since the approval of CNJ Resolution n. 492/2023, became imperative, according to the entity.

In addition to denying the lawyer’s request, at another point in the session, the judge again acted in an imperative manner, interrupting the speech of a fellow judge and preventing her from speaking, the CNJ reported in a note. “Judge Alda too, she is silent, she will remain silent. We cannot speak, we are not part of the quorum. Let’s shut up!” said Georgenor.

“It is necessary, throughout the judicial process, to question whether gender asymmetries are, in any way, present in the conflict presented, with special attention to the treatment of the parties involved, such as lawyers, prosecutors, witnesses and other relevant actors. The magistrate committed to judging with a gender perspective must always be aware of the structural inequalities that affect the participation of subjects in a judicial process”, said Salomão.

Judge apologizes in note

With the opening of the procedure by the CNJ Internal Affairs, the president of the 4th Panel of the TRT8, judge Georgenor de Sousa Franco Filho, has 15 days to present a preliminary defense. After the repercussions of the case, he published an “apology note” on the TRT8 website.

“Reviewing the footage again, I realized that my statement was deeply impolite and unfortunate, and I would like to offer my most sincere apologies not only to Dr. Suzane Odane Teixeira Guimarães, but to all the ladies. Lawyers who have been offended by my words,” she said.

“Even out of respect for the women in my life (my late mother, my wife, my daughter, my daughter-in-law and my granddaughter), I deeply and sincerely regret what happened and reiterate my respect for all professional women who go to great lengths to fulfill their the difficult mission of observing their multiple journeys. Anyone who knows me at all knows that I am a fervent and permanent defender of women and their rights,” she added.

We can offer solidarity to the lawyer and say that the decision violates the principles of justice and equality

Podemos, the party chaired by federal deputy and lawyer Renata Abreu (SP), released a note “in solidarity with the professional who, at an advanced stage of pregnancy, was denied a request to postpone the hearing in which she would defend her client”. For the party, the judge’s decision “violates fundamental principles of justice and equality”. The party asked the Federal Council of the Brazilian Bar Association (OAB) to promote public relief.

“The Júlia Matos Law, sanctioned in 2016, regulates these needs and guarantees a series of rights, including preference in the order of oral arguments and the suspension of procedural deadlines. Denying the postponement of a hearing on the day of birth is a clear violation of these rights and disrespect for the postpartum context in the work of a fellow lawyer”, highlighted Renata Abreu.

“Denying the postponement of the hearing on the day of birth is equivalent to interfering with this right. This not only harms the lawyer, but also restricts the citizen’s right to be represented by a professional they trust. It equals all lawyers in terms of quality, even usurping the same evaluation capacity, belittling the legal profession: each
lawyer is unique, with his experience, skills and knowledge”, he added.