Triple legal lists reproduce old distortions – 03/14/2024 – Frederico Vasconcelos

The appointment by the Federal Regional Court of the 1st Region of lawyers Eduardo Martins and Flávio Jardim, supported by political groups, to occupy two vacancies on the court, made President Luiz Inácio Lula da Silva comfortable in appointing them without running the risk of contradicting leaders in Congress .

Lula respected the triple lists.

The appointments were expected. They confirmed the influence of former STJ president Humberto Martins, Eduardo’s father, close to lawyer Asfor Rocha and Alagoas senator Renan Calheiros.

Eduardo was investigated by Lava Jato for alleged influence peddling, the process was annulled and archived in 2021. He is cited as a lawyer with ties to the Bolsonaro family. He obtained, among others, the support of Arthur Lira, Rodrigo Pacheco and Cristiano Zanin.

Jardim is a partner at the Sergio Bermudes office. He had the approval of Gilmar Mendes. The names of Eduardo and Flávio were scrutinized by the former Minister of Justice Flávio Dino and the current Minister, Ricardo Lewandowski (who signed the appointment decrees with Lula).

The result confirmed that the resistance in the STJ to nepotism, caravans and convescotes has been insufficient.

Here is some evidence:

The president of the STJ, Maria Thereza de Assis Moura, refused a dinner in her honor, in Belo Horizonte, promoted by federal judges who pushed for the creation of the TRF-6; former president Laurita Vaz warned Humberto Martins about the minister’s impediment to preside over a session that would judge a case in which the minister’s son had joined, days earlier, as a lawyer.

Eduardo’s advocacy at the STJ is not isolated. Among others, the children of ministers Luis Felipe Salomão (current national magistrate) and former magistrates Francisco Falcão and João Otávio de Noronha also work there.

With the political support obtained, Eduardo should have no difficulty in being approved by the Senate.

The then Attorney General of the Republic Rodrigo Janot, in turn, hired a Public Relations company when he ran for re-election; STF minister Edson Fachin had a press office before the hearing.

What happened again is the young and inexperienced lawyer Mário Goulart Maia, son of retired STJ minister Napoleão Nunes Maia, who was appointed to the CNJ despite internal resistance at the Citizenship Court.

The two appointments to TRF-1 consolidate relations between judiciary associations and the legal profession. Dias Toffoli eliminated the brakes that inhibited the use of the CNJ as a springboard for lawyers to reach the courts; Lewandowski opened the Judiciary control body to class entities.

The new fact was the announcement that the STF minister André Mendonça is opening an institute to promote courses, seminars and events, in the path inaugurated by the IDP, by Gilmar Mendes, and followed by entities such as FGV, Ibajud, Conjur, Justiça & Cidadania , Lide and Esfera group.

In 2008, Joaquim Falcão, now immortal at the Brazilian Academy of Letters, was an advisor to the CNJ under Gilmar Mendes when he ordered the dismissal of a judge from Goiânia, a partner in a legal course. He maintained that magistrates cannot use their prestige to make a profit.

Ten years later, he reproduced the argument, citing Gilmar. “To the extent that you use your authority as a Supreme Court justice to make money, we have an ethical issue,” she said.

Recently, another immortal expressed similar criticisms to Falcão.

In an article about the role that the STF gave itself as Moderating Power, lawyer José Paulo Cavalcanti Filho wrote that “Gilmar, Toffoli and Zanin have women heading offices, among the most expensive in the country, with cases before the Supreme Court.”

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