Fux keeps judge who granted house arrest to faction leader away
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Federal Supreme Court (STF) minister Luiz Fux denied the request for an injunction presented by judge Luiz Fernando Lima to return to his position at the Court of Justice of Bahia (TJ-BA). Lima was removed from office by decision of the National Council of Justice (CNJ), in October, after granting house arrest to Ednaldo Freire Ferreira, known as Dadá, leader of a criminal faction investigated on suspicion of homicides, drug and firearms trafficking. , participation in a criminal organization and money laundering.
The judge handed down the decision during a judicial shift on October 1st. About two weeks later, the national inspector of justice, minister Luis Felipe Salomão, ordered the opening of an investigation into Lima’s conduct. The dismissal occurred on the 17th of last month.
The defense presented a writ of mandamus against the CNJ’s decision. According to lawyers, the removal is disproportionate and affects Lima’s honor and fundamental guarantees. Furthermore, they defended the urgency for the magistrate’s return to office, as he will turn 75 in 2024, when he will be compulsorily retired.
In the decision, Fux said that “the intention of convoking this Supreme Court in an appeal instance for disciplinary decisions taken by the National Council of Justice in the regular exercise of its constitutional powers is absolutely unreasonable”.
Lima’s removal was unanimously accepted by the CNJ plenary. The judge’s decision was revoked by judge Júlio Travessa, who analyzed a request from the state Public Ministry. However, Dadá, who was serving his sentence in a maximum security prison in Pernambuco, had already been released and was never found.
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