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The sanction of federal judge Marcelo Bretas, who was censored this afternoon by decision of the TRF-2 (Federal Regional Court of Region II) for self-promotion and overexposure in an act with President Jair Bolsonaro (without a party), prevents him from being promoted. in the magistrate for 1 year.
But the decision does not prevent a possible indication to one of the vacancies in the STF (Federal Supreme Court). Conservative and religious, his name came to be speculated after Bolsonaro said he would appoint a “terribly evangelical” minister in July 2019.
By 12 votes to 1, the Special Body accepted the censorship decision for self-promotion and overexposure: 11 judges followed the vote of the rapporteur Ivan Athié. Judge Alcides Martins, on the other hand, voted to dismiss the case for lack of evidence. Marcelo Pereira da Silva and André Fontes declared themselves unable to vote.
In the disciplinary process, the judges voted in favor of the sanction of censorship, which will be applied in writing, for “negligence in the fulfillment of the duties of the position, or in case of incorrect procedure.” The agency understood that there was no political character from Bretas. After the decision, the process will be referred in its entirety to the internal affairs of the CNJ (National Council of Justice). Brittany will not be able to appeal.
Judge responsible for Operation Lava Jato in Rio, Bretas was next to the presidential party at the opening of an access circuit to the Rio-Niterói Bridge, on February 15 of this year. He also participated in an evangelical act with Bolsonaro and Crivella on the Botafogo beach, south of Rio.
The investigation was opened at the request of Minister Humberto Martins, national magistrate of the CNJ (National Council of Justice). It ordered the TRF-2 to determine whether there were “acts of a partisan nature, overexposure and self-promotion”, in a disciplinary administrative process.
‘Pop star judge’, says the rapporteur
Ivan Athié, rapporteur for the TRF-2 process, cited Bretas as a “pop star judge.” The judge also mentioned his participation in interviews and conferences after the notoriety gained thanks to his performance in the investigations of Operation Lava Jato in Rio.
“The excessive exposure ended up attracting politicians from all walks of power,” he said. “The presence of the renowned judge Marcelo Bretas on that platform in a public administrative act without any connection with the Judicial Power represented something other than his closeness to the President of the Republic. This is not a disappointment. But it represents prestige, power and influence. It is not dishonorable, but it does not suit the magistrate ”, he concludes.
She even cited the presence on the platform of federal deputy Flordelis (PSD-RJ), denounced for having ordered the murder of her own husband, Pastor Anderson do Carmo, shot to death in June 2019.
The judge should not be between politicians and contractors, but intensify his well-known self-promotion. There was no political party activity. [Mas houve] acts of self-promotion and overexposure. By welcoming the president into an entourage, getting on a podium and posting the facts on his page, he unnecessarily demonstrated his intimacy with politicians, putting his impartiality to the test.
Judge Ivan Athié, rapporteur of the disciplinary process at TRF-2
‘The judge should not go on stage’, says the judge
Judge Simone Schreiber, who followed the vote of the rapporteur, also ruled on the decision. She criticized the approach to politicians of a judge responsible for Operation Car Wash.
It must not allow some segments of the political world to capitalize on the success of Operation Lava Jato. You should not allow the results of actions to be used in speech. You must not allow yourself to stand on a podium with politicians. This ends up generating doubts and discredit on the Judicial Power
Simone Schreiber, judge
The judge also questioned the decision to allocate resources of criminal origin rescued in public policy operations.
“These methods should be the object of reflection. This is not for the judge. This means that some bonds are signed that should not be signed. The judge himself does not seem to realize this when he reinforces that bonds of admiration for his work were built from behaviors adopted in carrying out the operation “.
‘Bretas did not understand his role’, criticizes
The judge also criticizes what she believes to be a “personification” of Lava Jato, which began to emerge when former judge Sérgio Moro headed the working group in Curitiba (PR).
“Lava Jato ends up being personalized and the judge becomes a symbol of the fight against corruption. With this measure of censorship, perhaps we can correct the course of things and take Operation Lava Jato to an impersonal level, since all criminal proceedings must be carried out. “, evaluate.
“Judge Marcelo Bretas has not yet fully understood what his role is, what his position should be when conducting this process [da Lava Jato]”, criticizes.
Lava Jato won the admiration in the unconscious of Brazilians in the fight against corruption, with prestige incorporated into the judge. With the departure of Moro, Bretas incorporated this role. We are discussing what the judge does with this prestige
Judge Guilherme Couto
