Company accuses TJ-SP judge of manipulating process – 07/11/2023 – Frederico Vasconcelos

The national justice inspector, Minister Luis Felipe Salomão, ordered the presidency of the São Paulo Court of Justice to notify Judge João Francisco Moreira Viegas so that, if he wishes, he could provide information on a disciplinary complaint in which he was accused of violating the principle of impartiality.

The company Kiko’s Fitness Store Participações Ltda. filed a disciplinary complaint with the CNJ (National Council of Justice). It alleges that the company Caloi Norte e Caloi Fitness, its partner, filed a lawsuit for the dissolution of the company, which was accepted in the lower court. Appeal appeal was distributed to Moreira Viegas’ rapporteur.

The claimant alleges that the magistrate issued a decision without justification, as he would have reproduced the sentence in its entirety, “which would demonstrate his partiality”. The Special Appeal was granted. The claimant alleges that the judge failed to address the alleged omission, disregarding the decision of the Superior Court of Justice.

A new appeal was lodged, claiming that, in the new judgment of the motion for clarification, the judge “intentionally manipulated the clause to be analyzed, changing its original terms, so as to contain an alleged commission agreement, non-existent in the true clause”. Solomon considered the peculiarities of the case “concerning the existence of [erro de procedimento] error in proceeding

arising from the omission in the analysis of elements of the file”. It determined a period of five days for the judge, if he so wished, to provide preliminary information.

In the decision, the magistrate states that “the history of the records calls attention”. He observes that the STJ had already decided to return the records to their origin, “since it understands that there was no appreciation of the arguments brought by the party, especially in relation to the divergence of the indicated document”.

“There remains, in fact, the need for clarification about the divergence between the indicated document and the parts of the alleged contract as brought to the original records”, recorded Salomão.

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Judge João Francisco Moreira Viegas informed, through the press office of the TJ-SP, that he only received the notification from the CNJ last Friday and that his manifestation will be in the records.

The complaint was distributed to the National Internal Affairs on May 31. The claimant is represented by lawyer Fábio Mesquita Ribeiro and others.

Former public prosecutor, Moreira Viegas was sworn in as a judge of the TJ-SP in September 2011 by the Fifth Constitutional Office of the Public Ministry. He was the most voted on a triple list and was nominated by then-Governor Geraldo Alckmin.

He holds a master’s degree in Civil Law from the University of Paris (Sorbonne) and in Civil Procedure from the Universidade Paulista (Unip).

Disciplinary Complaint 0003568-48.2023.2.00.0000