Plagiarized author advocates in defense of Kassio and denies copying in theory – 10/07/2020



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Judge Kassio Marques, appointed by President Jair Bolsonaro to a seat on the Supreme Court, is accused of plagiarizing a text in his doctoral thesis. However, he gained an important ally: the author himself, allegedly plagiarized, denies in a note the misappropriation of his text. While this doesn’t necessarily imply endorsement of Nunes’ appointment to the Supreme Court, it is sure to remove some of the pieces that are sticking to his biography.

I reproduce, first of all, an extract from a report by Estadão:
The master’s thesis that judge Kassio Nunes Marques presented in 2015, at the Autonomous University of Lisbon, in Portugal, brings identical extracts to publications made by another author, the lawyer Saul Tourinho Leal. The information was revealed by Crusoé magazine and confirmed by Estadão.

The identical passages even include the same typographical errors found in Tourinho’s articles, pointing to a strong indication of plagiarism. Marques’s thesis, which was presented and defended to receive the title of master, does not mention Tourinho in its bibliographic references, a basic requirement for the use of any part of the foreign academic material.

Estadão confirmed the occurrence of these extracts copied through the Plagium system, available on the Internet. There are equal passages in at least three articles by Tourinho: Judicial activism: the Brazilian and South African experiences in the fight against AIDS; The right to health: constitutional citizenship and judicial reaction and The imaginary debate between Luís Roberto Barroso and Richard Posner on the judicial realization of the right to health, which were published, respectively, in May, June and August 2011. These texts were written at the time when Kassio Nunes Marques was appointed judge by the Federal Regional Court of the 1st Region (TRF-1).
(…)

COMPETITION NOTE
In a note in which he questions the occurrence of plagiarism and praises the trajectory of Judge Kássio Nunes Marques, the lawyer Saul Tourinho Leal, who is also from Piauí, affirms that the coincidences are due to the academic relationship that exists between them, although he affirms that different doctrinal currents belong. According to Leal, the passages cited as plagiarism reproduce Nunes’s own ideas. The following is an integral part of the note:

CLARIFICATION NOTE

Regarding the information released on Wednesday (7), I come to the public to clarify that for years I have an academic relationship with Judge Kassio Marques, whose professional and academic career is a source of pride for jurists from Piauí, Northeast and Brazil.

The academic articles cited in said article are the result of debates, discussions and exchange of academic information, which together with Judge Kassio Marques, constituted a common doctrinal heritage to be used in the academic production of both. Therefore, the allegations made by the report are unfounded.

In the present case, the ideas set forth in Judge Kassio Marques’s dissertation are his authorship, among other things because we have completely divergent doctrinal lines, maintaining in common only a part of the investigated collection, the result of the mutual efforts of the authors.

That’s what I had to clarify.

Sincerely,
Saúl Tourinho Leal

Return
As the note makes clear, there is an academic proximity between Nunes and Leal. If the alleged plagiarist says that part of what he ended up in the thesis corresponds to a work that both developed together and that the original ideas belong to the judge, it is clear that the plagiarism accusation loses force, despite the content comparison.

Turns out, okay, this is the bare minimum. The clear effort – and I am not saying that the press should omit curricular inconsistencies and the possibility of plagiarism – is to try to revoke the nomination of Kássio Nunes because his name displeases the followers of Lava Jato in the Supreme Court and in the sectors of the press .

The pressure coincides, for example, with the exotic initiative of Luiz Fux so that criminal actions are no longer judged by the classes. Lavajatismo celebrated because it had suffered successive defeats in Second Class.

Then Fux changed the rules of the game to see if losses turned into wins.

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