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Detained for almost a year, Judge María do Socorro Barreto Santiago, former president of the TJ-BA (Bahia Court of Justice), continues to appear on the agency’s payroll.
She has been in pretrial detention since November 29, 2019, when she was attacked by Operation Western, on suspicion of participating in a plan to sell court rulings and land grabbing. Currently, María do Socorro is detained in the Papuda Penitentiary Complex, in the Federal District.
The defense denies the charges and says it sees in prison some kind of anticipated sentence (see below).
With the condition of a servant in an active functional situation, María do Socorro already received R $ 459 thousand during the prison period, according to data available on the court’s website with information up to September.
The amount takes into account the receipt of benefits such as bonuses and bonuses, in gross amounts, without discounts from Social Security and Income Tax (IRPF). Despite the arrest and removal of the former president of the TJ-BA, the payments are not illegal.
Today, the salary of a TJ-BA judge is R $ 35,462.22. The category can receive up to 90.25% of the remuneration of a minister of the STF (Supreme Federal Court), which is R $ 39,293.00, the ceiling of the public function.
In December of last year, María do Socorro obtained a gross income of R $ 65,369.59, almost double the floor to which she is entitled.
The amount included R $ 35,462.22 for Christmas bonus and R $ 23,642.66 for holidays. Although social security and IR contributions are discounted, the magistrate received R $ 45,889.76 net, which is permitted by law.
January’s salary totaled R $ 59,458.04 in income. In this case, the added benefits were R $ 4,964.71 for the stay, R $ 1,300.00 for severance pay and R $ 17,731.11 for the advance payment of the Christmas bonus.
In the following months, María do Socorro’s salaries are around 41,700 reais.
In addition to salary, judges have the right to food allowance, annual leave, vacation with a premium and days of compensation for accumulation of functions.
what the law says
A retired judge only loses his salary if the penalty applied is dismissal, which occurs only when there is a firm criminal conviction, which is not the case of María do Socorro.
Wanted, the TJ-BA declared that the State Judiciary has fully complied with the decision of the CNJ (National Council of Justice), which determined the precautionary removal “without prejudice to the remuneration of the position of Judge María do Socorro Barreto Santiago” .
The arrest of the judge was ordered by the STJ (Superior Court of Justice) Minister Og Fernandes, at the request of the PGR (Attorney General’s Office), given the evidence that he was destroying evidence and violating the order not to stay in contact with officials. Cut.
In addition to her, two businessmen, a judge, a lawyer and a former official of the Bahia court are also arrested.
In recent months, the defenses of the defendants in the case have submitted more than 20 requests to revoke the preventive detention, appeals denied by Minister Og Fernandes.
In its last decision, issued on October 9, it renewed the respective measures for another 90 days, under the justification that the freedom of those investigated “creates danger to public order and economic order, in addition to compromising the investigation of the process. “.
What the CNJ says
According to the CNJ, in the administrative sphere, in which the council acts, while a magistrate responds to a disciplinary file, they normally receive their remuneration, in accordance with the provisions of the Organic Law of the National Magistracy.
“The judge was detained in the framework of a criminal process. In the case of criminal conviction, for a crime related to the role she played in the judiciary and the decision becomes final, that is, when it is no longer possible to appeal, the magistrate may lose his retirement. The thesis, however, is not pacified, “he said in a note to the Twitter.
Since 2006, at least 118 members of the Judiciary have suffered administrative sanctions imposed by the CNJ, including seven members of the TJ-BA.
Altogether, there were sanctions such as reprimand (8), censorship (17), forced removal (7), dismissals (5) and availability (15), a situation in which the professional is temporarily terminated, hindering professional advancement.
Mandatory retirement, the most serious of the five disciplinary sentences against a judge for life, was imposed on 66 magistrates.
What the defense of Maria do Socorro says
TO TwitterMaría do Socorro’s lawyers say that there is no reasonableness or proportionality to maintain and “perpetuate over time” a preventive detention.
In the assessment of the appellants’ representatives, the norm in the criminal process provides for freedom and, only in exceptional circumstances, can the need for preventive detention be conceived, which, they say, “can never become the anticipated fulfillment of a possible penalty, which is expressly prohibited in our Constitution and in international treaties and standards. “
For lawyers Bruno Espiñeira Lemos, Victor Minervino Quintiere and Maurício Mattos Filho, there is no evidence “capable of indicating that Judge María do Socorro has played a role, much less a leading role within the alleged operating scheme of the criminal organization for the sale of judicial decisions to legitimize land in western Bahia.”
