TJ-SP acquits judge accused of changing judgments – 03/06/2023 – Frederico Vasconcelos

The Court of Justice of São Paulo dismissed two administrative proceedings filed against Judge Carlos Henrique Abrão, a member of the 14th Chamber of Private Law.

The decision, unanimously, was taken by the Special Body last Wednesday (1st).

Abram was accused of altering judgment strips [atas] after the proclamation of the result and closure of the judgment session.

The rapporteur, Judge Matheus Fontes, admitted that there was “a very clear violation” of the provisions of the Organic Law of the National Judiciary and the internal regulations of the court. But, when meticulously analyzing the documentary evidence, it found that Abrão’s conduct, “despite the seriousness of the facts” (…) “did not cause damage to the parties or to the image of the Judiciary, with no bad faith or intention to harm anyone whatever”.

“The act, yes, is reprehensible, subject to a censure penalty”, said the rapporteur, but Loman provides that warning and censure are applicable only to judges of first instance.

For Fontes, changing appeals judgment strips after the proclamation of the result and closing of the session “removes the allegation that the conduct was practiced in the exercise of the jurisdictional activity”.

Abrão had stated in his prior defense that the disciplinary process was unduly triggered, “due to the practice of two genuinely jurisdictional acts”.

The Public Prosecutor’s Office ruled that the disciplinary process was unfounded and that it should be archived.

alleged stalking

The Disciplinary Administrative Process was proposed in August 2021 by then President Geraldo Pinheiro Franco.

In his vote for the opening of the PAD, Franco envisioned “conduct that, in theory, constitutes a disciplinary infraction with possible consequences of typical criminality”.

“In principle, there was tampering with the judgment of a public document after the end of the session, not by mistake or misunderstanding.”

The then president of the Private Law Section, disembargator Dimas Rubens Fonseca, had given him a report from the appellate judge Régis Bonvicino, who had refused to sign the ruling amended by Abrão.

The body also evaluated an episode in which the judge Ligia Bisogni, current ombudsman of the TJ-SP, disagreed with Abrão’s decision.

Abrão claimed that he was the target of “slanderous denunciation”, “mere political persecution to demoralize me”. He was running for succession at TJ.

In September 2021, CNJ advisor Rubens Canuto granted an injunction suspending the lawsuit against Abrão. The injunction was revoked by the CNJ, by 7 votes to 6.

In November 2021, CNJ counselor Tânia Regina Silva Reckziegel suspended proceedings against Abrão, then candidate for the presidency of TJ-SP.

The counselor’s decision was revoked by Minister Ricardo Lewandowski, of the STF, on the understanding that there were no reasons to “obstruct the regular course of the Administrative Disciplinary Process”. .

Pinheiro Franco was elected with 218 votes. Abram got 4 votes.

obstruction attempts

The rapporteur recorded that, since the initiation of disciplinary administrative proceedings by the Special Body, Abrão “has tried with the CNJ to impede their progress on account of alleged nullities.”

Several appeals were dismissed and definitively archived.

Luiz Fux, then president of the CNJ, rejected the allegation of suspicion and impediment that Abrão offered against judge Pinheiro Franco.

The allegation of suspicion and impediment of TJ-SP judge Richard Pae Kim, CNJ counselor, was also dismissed. Security was denied in another warrant, a decision still pending appeal at the STF.

On April 20, 2022, the TJ-SP maintained the investigation into Abram’s actions. By 24 votes to 1, the Special Body followed President Ricardo Anafe’s vote, rejecting appeals opposed by the judge.

On May 3, 2022, the Blog published the full declaration of members of the 14th Chamber of Private Law in support and solidarity with Abrão.

On May 10, 2022, the CNJ upheld the case against Abram, by 12 votes to 1.

Other side

In an e-mail message, Carlos Abrão says that “time is the master of reason”. According to the magistrate, “the media, unconcerned with the truth, tried to denigrate, deconstruct and murder the reputation of a magistrate with a 36-year career, author of 40 individual works”.

“The combative defense of the excellent judge will spare no efforts to repair the damage and clean up the sites that contemplate the untruth and an incomplete half-truth”, says Abrão.

In oral support, the lawyer José Cretella Neto said that the processes already have 3,100 pages. He calculated the cost of these processes to public coffers at BRL 4 million.

Abrão’s defender attributed the case to “people who are jealous of the judge’s intellectual projection”.

“A conviction here would be an unspeakable thing,” he said.

In oral support, the lawyer Edson Edmir Velho said that Dimas Fonseca made an “accusatory libel”, and that a dispute involving a director of the judge’s office would have been used against Abrão.

Sought after, the magistrates Geraldo Pinheiro Franco, Régis Bonvicino, Ligia Bisogni and Dimas Rubens Fonseca did not manifest themselves.

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