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The 1 st chamber of the Federal Supreme Court upheld the sentence imposed by the National Council of Justice on the judge who had left a 15-year-old girl imprisoned in a cell with about 30 men in a police station. police in Abaetetuba, Pará.
By a majority, the board of directors decided on Tuesday (5/2) that the request for a writ of mandamus could not be upheld. The ministers understood that she had failed to act and had not acted with the speed necessary to remedy the situation, even after having been made aware of it.
The trial of the case began in November 2018. Judge Clarice Maria de Andrade, a State Judge at the Pará Court, challenged an act of the CNJ which, in a disciplinary administrative procedure ( PAD), applied the penalty of availability, the second most serious under the organic law of the judiciary (Loman), lower than mandatory retirement.
The sentence was determined by maintaining the arrest of a 15-year-old girl in the cell of a man from the police station in Abaetetuba (PA). The judge tried another Member State by the Supreme Court, which then decided to reject the sentence imposed by the NYC, which held it responsible for his arrest and to ban mandatory retirement. On Tuesday, the ministers realized that, contrary to that moment, the second sanction is valid because it deals with negligence when it is informed of the case.
Minister Rosa Weber was the first to vote by giving the opinion that she had asked in November. For her, the case deserved a thorough badysis of the seriousness of the situation. "With the repercussion of history, with the girl trapped in a cell with adult men, she wanted to check the letter for the transfer," said the minister.
] Rosa also recalled that the magistrate had tried to absolve herself of any responsibility by changing the date of the sending that requested the transfer of the girl to four days before the actual signing of the document, for the purpose to prove that she had adopted measures that:
On November 7, 2007, Judge Clarice Maria de Andrade received an official letter from the police requesting the transfer of the girl, "urgently", in the to the extent that she was in danger of suffering all and any kind of violence from others. "
It is only on the 20th of this month that the judge sent an official letter to the Corregedoria of Justice of Pará requesting the transfer to an appropriate prison. During this period, however, the girl – suspected of theft – was raped and beaten.
Minister Alexander de Moraes voted in the sequence, as a result de Rosa Judge Clarice Maria de Andrade alleged on the warrant that she had not defended herself adequately.Alexander refutes the hypothesis. "Why, when we learned by official letter, that 39, that is to say, officially, that a minor had been interned by mistake in a public prison with large prisoners, men and men, the magistrate has not adopted the measures appropriate? the possibility of defending oneself ", he says
According to Alexandre de Moraes, all the discussions that the judge tries to establish on the comings and goings of the function which would have been given did not correspond to the reality of The district has three sticks: a civilian, a criminal and one of childhood and youth, where she was. "She was the maximum authority there. Minister Luiz Fux, who badumed the presidency of the group on Tuesday, added that the girl had been removed from the cell only by the action of the tutelary council of the city and had subscribed to the commentary of the group. Alexander. "She was placed in her cell exactly in the spirit of revenge, so resolute that she was prevented from coming to the cell door to realize that there would be a girl there . The court is the highest authority in a region like this one, which was responsible for it, "said Fux.
At the opening of the trial, the rapporteur of the Minister Marco Aurélio voted in favor of the request for annulment of the act of the NYC which imposed the sanction of the availability.
According to the rapporteur, who was excluded by the STF from the attribution relating to the responsibility of the minor placed in custody, the STF should rule on the NJC to examine, in a new badysis, only the alleged documentary fraud concerning the preparation and sending by the magistrate of his duties to the courtroom of the For the rapporteur, however, the NYC innovated by badessing the imputation that was not part of the administrative disciplinary process.
Minister Luis Roberto Barroso opened a dispute and voted for the rejection According to him, the second CNJ's decision did not extrapolate the limits set by the Supreme Court. The Commission did not apply a mandatory retirement pension, which was expressly rejected by the court at that time. "The decision [nova] imposes on the petitioner a sentence of availability which, according to Article 42 of the Loman, is less serious than the sanction previously applied", he said (f, b, e , v, n, t, s), which is the same as that of the case,
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