The National Council of Justice (CNJ) decided to remove a federal judge from the Judiciary Section of the state of Amapá accused of favoring a former superintendent of the state’s National Department of Transport Infrastructure (Dnit). The decision is valid until the conclusion of the trial.
According to the national justice inspector, Minister Luis Felipe Salomão, there are indications of favoritism in the magistrate’s decision.
The plenary approved, also unanimously, the establishment of a second PAD to investigate the use of inappropriate language in a letter sent to the Regional Internal Affairs of the 1st Region and the Regional Attorney of the Republic of the 1st Region.
The judge, according to preliminary investigations by the Corregedoria Nacional de Justiça and the Federal Public Ministry (MPF), determined the release of the former Dnit superintendent in Amapá, Odinaldo Oliveira, arrested on suspicion of corruption in contracts for the maintenance of roads in the state. .
The decision contradicted, based on the evidence found so far, a series of functional duties provided for in the Code of Ethics for the National Judiciary and the Organic Law for the National Judiciary (Loman).
The Dnit leader was arrested in 2019 by determination of the titular judge of the 4th Federal Court of Amapá. Days after assuming the court, to replace the colleague on vacation, the investigated magistrate revoked the arrest, without consulting the Public Prosecutor’s Office.
According to the report by the national justice inspector, Minister Luis Felipe Salomão, the expertise carried out on the cell phone of the former Dnit superintendent who had been seized revealed intense communication between him and the magistrate now removed by the CNJ.
According to the Deputy Attorney General of the Republic, Alcides Martins, Soares da Silva’s conduct would have violated the duties of impartiality; personal and professional integrity; dignity, honor and decorum, as established in the Code of Ethics of the National Judiciary.
The attitude also violated, according to the prosecution, the duty to “Comply and enforce, with independence, serenity and accuracy, the legal provisions and official acts” and the duty to “maintain irreproachable conduct in public and private life”, provided at Loman.
The federal judge will be removed from office until the judgment of the PAD, initiated as a result of the judgment of Disciplinary Complaint 0000646-39.2020.2.00.0000.
“I think that the removal is a measure of rigor. The abundant objects of the present imputations accepted for the establishment of the PAD are serious and are linked to the jurisdictional function itself. There are indications that the magistrate used the jurisdiction to favor someone close to him, pre-emptively arrested on charges of serious crimes,” said the national justice inspector, Minister Luis Felipe Salomão.
Another case was opened to investigate the conduct of the same magistrate in another case.
He would have expressed himself “discourteously and inappropriately” when responding to a request for information made in an open representation to investigate his performance in the episode of the release of the former Dnit superintendent. In an official letter, the judge attacked the stance of colleagues and members of the Federal Public Ministry.
THE CNN try to contact the Federal Justice of Amapá.
Source: CNN Brasil
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