Judge who retires and is a lawyer cannot teach new judges – 12/05/2024 – Frederico Vasconcelos

by Andrea
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The CNJ (National Council of Justice) decided that retired judge Antonio Souza Prudente, from TRF-1, cannot join the teaching staff of the School of Federal Judiciary of the 1st Region (Esmaf), because he started practicing law when he left the robe , in 2023.

Prudente was director of Esmaf for five years.

The unanimous decision was taken on the 14th in a virtual trial presided over by Minister Luís Roberto Barroso. In consultation, Prudente protested against Resolution 526/2023.

He claimed that the prohibition “is incompatible with the principle of equality, as it creates odious internal discrimination among teachers in the activities of judicial schools, which have teachers who would also only practice law”.

The consultation was distributed to counselor Mônica Autran Machado Nobre, judge of the TRF-3 (SP-MS).

Esmaf informed the CNJ that Prudente can contribute to the school as a speaker, seminarian or debater.

“A retired magistrate, in the practice of law, cannot have preference or carry out administrative or pedagogical activities at the school”, voted the rapporteur.

When Prudente retired, he was honored by colleagues and public prosecutors who deal with issues related to environmental law, indigenous populations and traditional communities.

Some of Prudente’s statements conflict with the opinion of members of the CNJ. Disagreements bring to light relationships between judge advisors and lawyers.

He told Correio Braziliense that Lula’s conviction by then judge Sergio Moro was “a technical, well-founded decision”, and praised the performance of the TRF-4 judges.

TRF-2 judge, voted in favor of removing judges who worked in Lava Jato. She was an assistant judge to the then magistrate Luis Felipe Salomão. She is married to retired TRF-2 judge Marcus Lívio, partner at Salomão Advogados since 2023.

Mônica Nobre is married to lawyer Marcelo Nobre, who was a member of the CNJ (2008-2012). In at SheetMarcelo harshly criticized Lava Jato and Sergio Moro.

Prudente publicly protested when the STF reviewed the arrest of those convicted in the second instance

He was the first president of the Association of Federal Judges of the 1st Region. The entity raised funds at the Army Housing Foundation using the names of members who were unaware of the plot.

Prudente rolled over loans and accumulated debts in the association.

By 9 votes to 1, the decision was made not to open an investigation. The vote of then councilor Herman Benjamin prevailed.

Benjamin understood that Prudente “had become financially disorganized.” It concluded that he was not aware of the fraud, and that he “never contracted directly with FHE”.

Humberto Martins saw evidence that Prudente “benefited from third-party resources to amortize installments or settle contracts signed by Ajufer in his favor.”

At the STJ, Raul Araújo ordered the archiving of a confidential investigation to investigate the conduct of Prudente, who always claimed innocence.

Months before retiring, Prudente and judge Hugo Leonardo Abas Frazão, from TRF-1, spoke in Italy about the Bolsonarista coup attempt.

The event included promoters. It was organized by Frazão and bankruptcy judge Daniel Carnio Costa, former academic coordinator of the Brazilian Insolvency Institute, a lobby for law firms and auctioneers.

In 2023, Carnio. Frazão is now one of the coordinators of the school that Prudente directed.


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