Judge who criticized Lula’s election is serving a suspended sentence – 10/01/2024 – Frederico Vasconcelos
The Court of Justice of São Paulo made judge Ana Cristina Paz Neri Vignola, from Sorocaba (SP), available for 60 days, starting this Tuesday (1st), who published statements considered to be of a prejudiced nature during the 2022 presidential elections. , homophobic, racist and party-political in nature.
On the 26th, the president of the TJ-SP, judge Torres Garcia, complied with the unanimous decision of the CNJ (National Council of Justice) plenary taken on August 20th.
Ana Cristina Paz Neri Vignola is a judge at the Special Criminal and Domestic and Family Violence Against Women Court in the District of Sorocaba.
In the second round of elections, she criticized the elected president, Luiz Inácio Lula da Silva, the Workers’ Party (PT), the LGBTQIA+ community and northeastern people. He encouraged followers not to accept the election results.
According to the rapporteur, counselor João Paulo Schoucair, “the judge did not maintain the conduct expected of a judge”, and admitted to having made the publications “at a time when the country was experiencing the greatest turmoil in its history”.
In total, she published 12 statements criticizing one of the candidates and his voters.
The then national magistrate, minister Luis Felipe Salomão, had ordered the suspension of the profiles used by the magistrate, especially after the counting of the 2nd round of the elections.
Salomão understood that Ana Cristina Paz Neri Vignola exceeded the limits of her freedom of expression.
The magistrate cited a joking mention of a minister of the Federal Supreme Court (Alexandre de Moraes), “in addition to a statement possibly questioning the institutional and democratic authority of the STF.”
Here are excerpts highlighted in his report:
“Your Excellencies” are causing outrage and revolt among the population never seen before!
The weekend promises to be full of sun, pleasant and busy weather…
(…)
“We have 60,122,166 million Brazilians accomplices to a thief. Pay attention to who you do business with and who you put in your homes.”
“Democracy is being able to call someone who is not a genocide. Dictatorship is prohibiting calling anyone who is a thief.”
(…)
“A criminal comes straight out of prison and goes straight to the presidency; how do you explain that?”
“The virus is now different.”
(…)
“If voting for PT were a good deal, the Northeast would be a Dubai of Brazil….”
Salomão also reproduced the following post:
“Bolsonaro is also awesome (sic), he said in Bahia that he was going to create a million jobs.”
[Bolsonaro] “It scared these people who like to live on welfare and who vote for the PT! I want to stay away from these lazy people!!!!”
According to Salomão, “even given the entire picture exposed, there was not even an attempt at justification or retraction by the judge.”
Prior defense
Ana Cristina Paz Neri Vignola ratified the authorship of the posts and reiterated their content, attributing them as a “personal conviction” that affects her concept of family and opinion about the winning candidate in the presidential elections.
In her previous defense, the judge claimed that political pluralism and public expressions of opinion are authorized by the Constitution, and do not characterize dedication to party political activity.
He stated that he has the right to teach his daughters how to use the women’s bathroom and that sharing “memes” in which he defends that guidelines that he does not agree with should not be imposed on his family, cannot be considered as a prejudiced or racist expression.
In the case file, the defense also maintained that the judge “never encouraged voting for a particular candidate.”
“He only criticized another who, based on notorious facts, had been prosecuted and even sentenced to imprisonment, with partial serving of the sentence, after successive trials in two instances and also under the scrutiny of the higher courts.”
“Facts are inexorable and there are no arguments against them,” he claimed.
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