Feminist group praises TJ-SP for exclusive vacancy for women – 01/17/2024 – Frederico Vasconcelos

The Coletivo Sankofa de Magistradas, the first association of judges that defines itself as feminist and anti-racist, applauded the decision of the Superior Council of the Judiciary of the Court of Justice of São Paulo that opened a competition for the position of judge exclusively for women.

The CSM session was led by judge Fernando Antonio Garcia, new president of the TJ-SP.

“The news sparks hope in an increasingly plural and dynamic Judiciary,” said the collective, in a statement. “It demonstrates the readiness of the São Paulo Court of Justice and the correctness of its performance in complying with the guidelines established by the National Council of Justice in order to achieve gender parity in the country’s Courts.”

The collective’s objective is to promote gender and racial equality and strengthen the role of women in the judiciary, especially black women.

The opening of the competition was published in the Electronic Justice Gazette this Wednesday (17).

The exclusive competition for women, based on the criteria of merit, follows the retirement of judge José Tarciso Beraldo. Another position will be filled based on seniority, with mixed competition, to replace retired judge Gil Ernesto Gomes Coelho.

The São Paulo court follows CNJ Resolution No. 525/2023, of September 27, 2023, when the collegiate unanimously approved the proposal for a normative reporting act by judge Salise Sanchotene.

Then-president Rosa Weber and the rapporteur welcomed suggestions from judge Richard Pae Kim, from TJ-SP. Weber used the Parity in the Judiciary movement button.

The strong reaction against the original proposal came from Consepre (Council of Presidents of Courts of Justice), mostly made up of men (of the 27 presidents of state courts, 6 are women) and trade associations.

The TJ-SP had suggested removing the topic from the agenda for improvement. The objective would be to avoid “the risk of consolidating irreversibly unfair situations”, as it understood that the change “profoundly affects the professional life and career ideals of all judges in the country”. The request was signed by then president Ricardo Mair Anafe and then inspector Torres Garcia.

Promotion disputes

As this blog published, legal war and a dispute between men and women are expected in the next promotions. There is resistance in the courts and fear of injustice. To be checked.

The split in Ajufe (Association of Federal Judges of Brazil) last year, with the collective resignation of 22 judges for not complying with the board’s procedures, suggests the difficulty of reproducing the consensus reached in the CNJ.

“I perceive in this attitude a misogynistic behavior, never adopted by the association previously in situations in which there were conflicting interests of members”, said Sanchotene.

Judge Maria Lúcia Pizzotti, from TJ-SP, said at the time that “the judges were harmed by the unusual decision that will allow female judges to jump the constitutional queue for promotions to the position of judge, so that past errors can be corrected” .

According to her, “promotion based on identity criteria will harm female judges, who have never been favored because of their gender, as well as male judges who will now be passed over, in violation of the seniority list.”

Former national justice inspector Eliana Calmon also foresees judicialization. “The female merit list will be an unreasonable privilege for magistrates who will be passed over, even if they are recognized as more competent, at the same time as it removes selection based on merit from their careers.”

“I am a feminist and I participate in an association of career women. I have always fought for the emancipation of women”, she stated.

“Women need to understand that fighting cannot help them in a career that has nothing to do with sex and everything to do with merit,” said the former inspector.

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