Public opinion should not determine judgment, says Zanin

Justice

For a lawyer, the judge often has to be countermajoritarian

Brasilia DF) – During a sabbath at the Constitution and Justice Commission (CCJ) in the Senate this Wednesday (21), lawyer Cristiano Zanin said that a minister of the Federal Supreme Court, or any magistrate, cannot be guided by public opinion.

Questioned on the subject by Senator Jorge Kajuru (PSB-GO), the STF nominee stated that public opinion has the legitimacy to inform itself about judicial proceedings and participate in public discussions, “but many times she is not aware of the content of the records or the technical issues that are under discussion”.

Zanin added that, therefore, care must be taken so that the voice of public opinion is not a determining voice in the judgment of a process or a cause.

“In my opinion, what should be decisive is the content of the records and what the Constitution and the laws say. The judge is not in a position of having to please public opinion, on the contrary: he often has to be countermajoritarian, precisely to be able to ensure what the Constitution says and what the laws say”

he concluded.

The role of the judge and the lawfare

During the sabbath, senator Rogério Carvalho (PT-SE) questioned Zanin if the Judiciary should combat the practice of lawfare. This is the practice of manipulating the laws and the judicial system to persecute political opponents, that is, of improperly using Justice as a political weapon. Operation Lava Jato, for example, is accused of having practiced lawfare against President Luiz Inacio Lula da Silva.

For Zanin, the judge should not fight anything.

“The magistrate has the duty to judge, to judge in accordance with the Constitution and the laws. Combat is the assignment of other careers in the justice system. It could be from the Public Prosecutor’s Office, it could be from the police, but, in my view, particularly, the magistrate should not fight anything at all “

he stated.

However, the nominee to the STF pondered that, when noticing a case of lawfarethe magistrate must “pay attention and see if that case is eventually allowing an undue use of the legislation”. In these cases, in the lawyer’s opinion, the judge must act in accordance with the law to prevent this behavior from going forward.

“After all, it is not up to the justice system, in my view, to use the law improperly to interfere in an electoral process, to interfere in business competition, to interfere in any situation that is not a case of interference by law.”

*With information from Agência Brasil

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