New STJ minister criticizes MP’s actions against drug trafficking

Recently sworn into the Superior Court of Justice (STJ), minister Daniela Teixeira criticized the actions of the Public Ministry (MP) in cases involving drug trafficking. According to the minister, the MP is disconnected from reality by not promoting the resocialization of prisoners.

The minister’s statement was given during an interview given to the website Power360this Monday (5).

Teixeira said that the Public Ministry has appealed First Instance decisions, in which it requests increased sentences for those arrested for drug trafficking. For the minister, the MP acts with “irresponsibility” and “denaturation”.

“It (the Public Ministry) is not fulfilling its role of resocializing the prisoner, it is not fulfilling its role of collaborating with Justice. If it were a lawyer who did this, four times in a week, he would face a fine for litigating in bad faith,” said Teixeira.

The decriminalization of marijuana possession for personal use was once again discussed by the Federal Supreme Court (STF) this Monday (4). The thesis in favor of decriminalization already has five votes in favor.

“The Public Ministry has grown a lot since the Constitution and, with the issue of (operation) Lava Jato, it has expanded with powers that have no limits and they have lost connection with reality. What I see here is this: the Public Ministry denouncing people with 4 grams (of drugs). In the 1st Instance, the judge set the sentence, it was a good sentence, one year and 8 months. It was a good sentence for 6 grams of cocaine, so the Public Prosecutor’s Office appealed and asked for 8 years. We issue an injunction ordering his release, the Public Prosecutor’s Office appeals to the Panel”, complained the minister.

According to the minister, there are around 70 injunctions per day, which would leave judges with no time to dedicate themselves to cases involving the arrest of major drug traffickers.

Teixeira highlights that one cannot judge a person arrested with 4 grams of cocaine and another arrested with 400 kilos of the same drug equally.

“Does not make any sense. One must laugh in the other’s face. One has 400 kilos inside the car, the other has 4 grams, and the State is treating it in the same way,” he said.

The new STJ minister was appointed by President Lula (PT) and took office at the court on November 22nd in place of minister Felix Fischer, who retired in the second half of last year.

Teixeira has the support of the Prerrogativas group, made up of lawyers who fought against Lava Jato and who support Lula. She served as a federal advisor to the Brazilian Bar Association (OAB) twice and was also vice-president of the entity in the Federal District.

Daniela Teixeira’s name was rejected by former president Jair Bolsonaro (PL) as a candidate to fill a vacancy in the STJ in 2019. Calling herself a feminist, Teixeira has attracted attention for her expansive and “cheerful” way, as she likes to define herself. .

Criticized for not following the liturgy of the position, Teixeira said she did not deceive anyone.

“A journalist said that I had no liturgy for the position. Maybe I was right, I really don’t have it. At the time, it really offended me. It was very hard to read that, but, if I got this far, I didn’t fool anyone”, said the minister. Upon taking office, Teixeira said that “Barbie took office”.

At the beginning of November, the president of the Chamber, deputy Arthur Lira (PSD-MG), even canceled the sending of the names of Lula’s nominees to fill the three vacancies in the STJ. Lira paused the process to investigate suspicions of favoring Daniela Teixeira’s nomination.