STF suspends judgment of CNJ resolution on the use of social networks by judges

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The virtual plenary of the Federal Supreme Court suspended the judgment of two actions that question a norm of the National Council of Justice, which establishes the parameters for the use of social networks by members of the Judiciary.

The trial was suspended after a prominent request by Minister Nunes Marques.

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When highlighted, the process is sent to the physical plenary of the Court. There is still no date for the analysis to be resumed. Justices Alexandre de Moraes (rapporteur), Edson Fachin and Dias Toffoli denied the request. Minister Rosa Weber anticipated the vote to follow the ministers.

According to Moraes, as a way of achieving this trust and legitimizing judicial acts, the constituent legislator provided guarantees to judges, such as tenure, irremovability and irreducibility of subsidy and, likewise, established some behaviors prohibited by judges.

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“The resolution, with an educational and guiding purpose, establishes a list of recommendations to be taken into account by magistrates when using social networks, without, however, providing for an imposing character”, said Moraes.

One of the actions was presented by the Association of Federal Judges of Brazil. The association understands that the act is unconstitutional, since, in addition to creating hypotheses of conduct subject to disciplinary sanctions that could only be created by a supplementary law on the initiative of the STF, it violates fundamental rights, such as freedom of expression and thought; of legality and legal reserve, as well as privacy.

The other action was filed by the Association of Brazilian Magistrates. The entity points out unconstitutionalities from the material and formal point of view.

Source: CNN Brasil

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