The National Council of Justice (CNJ) and the Brazilian Bar Association (OAB) have taken a position on the case involving lawyer Rafael Dellova and judge Alessandra de Cássia Fonseca Tourinho. Both have opened proceedings to investigate the conduct of the professional, who, in a hearing held at the 4th Labor Court of Diadema (SP), arrested the judge, alleging alleged abuse of authority.
In a note sent to CNN the CNJ reported that it has filed a request for action, as determined by Minister Luis Felipe Salomão, requesting that the National Justice Inspectorate take action regarding the incident.
In the decision, the Minister begins by saying that “It is common knowledge that gender issues require the Judiciary to pay close attention and to abhor all forms of discrimination or violence, which includes adequate and equal treatment given to those who perform services in the Judiciary”.
In addition to the body linked to the CNJ, the OAB/SP was also notified so that the entity takes the following measures: “appropriate measures in relation to the acts committed by lawyer Rafael Dellova”. The Federal Public Ministry (MPF) was summoned to deliberate on the matter.
The Commission of Women Lawyers (OAB/SP) and the OAB Federal Council were also notified that “in light of recurring cases involving possible gender-based violence, forward policy suggestions on the topic, aiming to develop measures aimed at guaranteeing women’s rights and containing gender-based violence involving members of the legal profession and the Judiciary”.
OAB-SP
The Brazilian Bar Association sent a statement to CNN through its São Paulo branch, informing that it investigates any and all infractions that come to its attention through representation or in light of facts disclosed in communication channels.
The entity reminds that by force of Federal Law 8.906/94, the processes are confidential and do not allow any disclosure of measures eventually adopted.
Entities positioned themselves in favor of the judge
The Regional Labor Court of the 2nd Region and the Association of Labor Court Magistrates of the 2nd Region (AMATRA-2) issued statements sent to CNN.
TRT-2 stated that “condemns any type of intimidation, threat or aggression against judges or civil servants in any situation, and awaits the investigation of the incident and the appropriate measures by the appropriate bodies, including the National Justice Inspectorate, the Federal Council of the Brazilian Bar Association and the entity’s branch in São Paulo”.
In a public statement of redress, the Association of Labor Court Judges of the 2nd Region (AMATRA-2) cites “machismo” in the lawyer’s attitude.
The entity says that it is possible to notice the reproduction of discriminatory gender patterns when the State makes firm decisions regarding a woman.
Remember the case
Lawyer Rafael Dellova was assisting a client in a labor lawsuit at the 4th Labor Court of Diadema/SP. During the testimony, he interrupted the client. At that moment, Judge Alessandra de Cássia Fonseca Tourinho ordered the hearing to continue, instructing the lawyer’s client to continue answering the questions.
The judge ordered the hearing to be postponed after the lawyer insisted that he would interrupt the proceedings again if the judge’s instructions were followed in the same way. That was when the lawyer arrested the judge.
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Source: CNN Brasil
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