Judge who questioned the ballot boxes had ambitions to succeed Celso de Mello – 02/01/2024 – Frederico Vasconcelos

Judge who questioned the ballot boxes had ambitions to succeed Celso de Mello – 02/01/2024 – Frederico Vasconcelos

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On August 3, 2020, federal judge Eduardo Luiz Rocha Cubas, compulsorily retired in April this year by the CNJ (National Council of Justice), asked then-president Jair Bolsonaro to appoint him to the position of minister of the Federal Supreme Court for the “vacancy resulting from the upcoming retirement of minister Celso de Mello”.

The former dean would leave the STF in October of that year. Cubas came forward, as the “first interested party”. At the time, he was being investigated by the CNJ for releasing a video in which he questioned the security of electronic voting machines, alongside federal deputy Eduardo Bolsonaro (PL-SP).

The disciplinary process at the CNJ dragged on for five years, due to the magistrate’s chicanery.

Cubas sent a request to the Ombudsman’s Office of the Comptroller General of the Union. The text is an exaltation of Bolsonarism and militarism. He introduces himself “to the troops”, claiming to be “a soldier who seeks a Brazil above all and God above all”.

“As a candidate for the position of minister of the STF, curiously I was the driver of the current retiree [Celso de Mello] and destiny gives me the possibility of taking the back seat now”, Cubas insinuated.

The retired dean denies this version.

“I can say that federal judge Eduardo Cubas did not work with me, at the STF, neither as a driver of the official vehicle that served me nor in any other functional capacity”, said Celso de Mello.

“The STF employees who, throughout my 31 years at the Court, worked with me, as effective drivers of the official vehicle that served me, were Messrs. Arquibaldo, Manoel, Lewton and Christian”, stated the former dean.

Below are some excerpts from the application:

– I was born on March 21st and on the same day as Your Excellency.

– I suffered persecution like Your Excellency, as a result of those who are in the fight. I didn’t get stabbed, of course, but I haven’t had an easy life. We studied at the same school, with more luck, because since I was a child I had the opportunity to attend the Colégio Militar de Brasília.

– At the age of 18, after leaving Agulhas Negras ‘before the marlin’, I became the youngest career civil servant in the history of the STF, through a competition.

– I swore to defend the country with my life, just like Your Excellency. did at the common school attended.

– I have already received commendations, honorary titles, and I have even had the opportunity to be punished, censored as I was for using the authentic vernacular, during association elections.

– In the election campaign, Your Excellency. promised to bring real Judges to the STF. Not politicians. Not sponsored. Not lawyers.

– Your Excellency. suffered institutional bullying due to the attempt to restrict full competence in the appointment of the Attorney General of the Republic, in which an association wanted to see its candidate chosen for a noble role from an imposed list.

– Your Excellency. may go down in history for democratizing the process of nomination to the STF (…) legitimizing the figure of the Judge of 1st instance, as historically the Superior Courts are composed of lawyers and not judges.

– If there is a modern political milestone in Brazil, this can be highlighted as the election of Your Excellency. to the position of President of the Republic, the result of the planetary sphere, of a movement occurring in the elections of the United States of America, whose option was to value so-called conservationist aspects, including the family, the nation, religiosity, honesty.

In the application, Cubas said that he had the honor of presiding over “a warrior national association of Judges”. He refers to Unajuf (National Union of Federal Judges of Brazil), created in 2014, when the former judge lost the election for the presidency of Ajufe (Association of Federal Judges of Brazil).

Cubas is the target of another disciplinary process at the CNJ for supporting the appointment of Abraham Weintraub to a position at the World Bank. Bolsonaro’s former Education Minister stated at a ministerial meeting that he would put “all these bums in jail, starting with the STF.”

The national inspector of justice, Luís Felipe Salomão, criticized the “sad episode” in which the judge “used a fake association”.


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