Judge’s omission before prosecutor who attacks lawyer is target – 09/27/2023 – Power

The national inspector of justice, minister Luis Felipe Salomão, ordered the initiation of a disciplinary complaint against judge Carlos Henrique Jardim da Silva, of the Court of Justice of Amazonas.

The objective is to analyze the judge’s stance during a plenary session of the Jury Court in which a lawyer was called a bitch by prosecutor Walber Luís do Nascimento. The judge did not intervene in the face of the insult to the lawyer.

In a video circulating on social media, the member of the State Public Prosecutor’s Office says that comparing a dog to criminal lawyer Catharina Estrella would be an “offense” to the animal. The case occurred at the Minister Henoch da Silva Reis Forum, in Manaus, at the time of the argument reply.

“If there is one characteristic that dogs have, Doctor Catharina, it is loyalty. They are loyal, they are pure, they are sincere, they are true. And, in terms of loyalty and referring specifically to your excellence, comparing your excellence to a bitch is very offensive. But not to your excellency, the bitch”, said Nascimento at the time.

Minister Salomão stated, in his decision, that it is the role of the CNJ (National Council of Justice) to analyze the judge’s stance, since, by legal determination, he should have taken some action regarding the offense against the lawyer.

The inspector also recalled that a CNJ resolution from March 2023 determines the adoption of a gender perspective in Judiciary judgments. Before, it was just a recommendation.

“Therefore, it is necessary, throughout the judicial process, to question whether gender asymmetries are, in any way, present in the conflict presented, with special attention to the treatment of the parties involved, such as lawyers, prosecutors, witnesses and other relevant actors”, said Solomon.

The minister also stated that the magistrate committed to judging with a gender perspective must always be aware of “structural inequalities that affect the participation of subjects in a judicial process”.

Furthermore, Salomão ordered the lawyer to be summoned to provide clarifications on the episode. He also ordered the internal affairs department of the Amazonas Court of Justice to present the minutes of the session, with all audio and video files available.

Judge Carlos Henrique Jardim da Silva should also be summoned.

The CNMP (National Council of the Public Prosecutor’s Office) reported that it had cautiously removed the prosecutor who made the offensive comparison from his duties.

The lawyer stated, in a video of a demonstration by the Brazilian Bar Association of Amazonas, that she was offended in her work and that the judge did nothing to stop it.

“So, here is our class showing unity and asking for respect so that this doesn’t happen to another lawyer. I didn’t need to go through this in the exercise of my profession,” he said.

After the repercussion of the case, the prosecutor stated, on his social networks, that he “never intended to offend” the professional and that he did not want to “belittle the lawyers present and, especially, the lawyer Catharina Estrella”.

The prosecutor also declared that he respects “all professionals, lawyers, whose actions are essential for the administration of justice and for the protection of citizens’ fundamental rights”.