News STFImprimir Wednesday , November 6, 2013 Injunction determines return to TRF- 3 magistrate away by CNJ

" News STFImprimir
Wednesday , November 6, 2013
Injunction determines return to TRF- 3 magistrate away by CNJ
Minister Marco Aurélio , the Brazilian Supreme Court ( STF ) , partially granted the injunction on Injunction ( MS ) 32450 to determine what the judge Nery da Costa Junior , a member of the Federal Regional Court of the 3rd Region , return to the judicial role . The magistrate had been removed as a precaution by the National Council of Justice ( CNJ ) after initiation of administrative disciplinary proceedings to investigate the complaint of favoritism offered by federal prosecutors .
In MS , Costa Junior argues that the precautionary removal of its functions was not recommended in the voting then corregedora national Justice , and that the measure had been proposed by a member of the college counselor so that the calculation can occur more smoothly and enable more time to formalize the defense. According to MS , the reasons given in the ordinance instituting disciplinary proceedings are fragile and would imply the invalidity decision . The judge asks , and the return to function , it is decreed the invalidity of the ordinance initiating the disciplinary proceedings and suspension of the disciplinary proceedings until the final MS .
In the decision , Justice Marco Aurélio pointed out that the Supreme Court should not replace the CNJ in order to stop the ongoing procedure that body , except in specific situations in which , initially , show yourself can see illegal state action . " This is not the case in the species with regard to assessing the cause to investigate possible illicit behavior , considered parameters revealed by the plaintiff [ author MS ] " he argues.
To partially grant the injunction , the rapporteur noted that the precautionary removal of judicial functions was made based on rationale summary , without reference to the gravity of the facts . "The adoption of this magnitude requires the providence observation frame in which the permanence of server activity poses a threat or obstacle to the effective deployment of the research, it is indispensable that the Council point the reasons for concluding the possibility of embarrassment to the exercise of power disciplinary . Where no mention of the practice tending to obstruct or impede the promotion of any administrative liability , descabe cautionary implement the act , as it did , " the minister argued .
He pointed out that , in the case of involvement of a judge , the caution for determining the clearance should be even higher, because the wear caused by the abrupt departure from the image , without a solid foundation , " reaches the judiciary as a whole , in presupposes confidence jurisdictional . "
" Therefore , the anticipation of the extreme measure without the proper instruction to the administrative process , the conclusion of this does not sit well with nature provisional . Should march with absolute safety , avoiding the haste . Here's vision to take into account , this reasonableness , the Democratic State , administrative responsibility , "argued the rapporteur .
Read the decision in its entirety .
PR / AD "
Access: 07.11.2013