The CNJ (National Council of Justice) removed judge Alexandre Victor de Carvalho, from the Court of Justice of Minas Gerais, for 60 days, as ghost public servants. He proposed a “split” scheme to divide salaries, benefiting his mother-in-law.
The decision was taken unanimously on Tuesday (10). During the period of availability, he will receive salaries proportional to his length of service.
Given the seriousness of the facts discovered, the sanction can be considered a reward, as noted by a legal practitioner. The penalties applied by the CNJ are: warning, censure, compulsory removal, availability, compulsory retirement and dismissal.
“The dialogues intercepted with judicial authorization show the magistrate’s desire to ensure that the financial benefits resulting from the appointments were reverted in favor of his family”, stated the rapporteur, federal judge Daniela Madeira.
She said that the CNJ internal affairs department became aware of the facts through the Sheet.
She understood that the dialogues “constitute a flagrant violation of the Organic Law of the National Judiciary and the Code of Ethics for Magistrates”.
The judge appointed his son, Guilherme Souza Victor de Carvalho, to a commissioned position at the Belo Horizonte City Council (MG), replacing his wife, Andreza Campos Victor de Carvalho, who would occupy a vacancy in the Legislative Assembly.
Deputy Attorney General of the Republic José Adônis Callou de Sá clarified that the rejection, by the Superior Court of Justice, does not affect the application of the disciplinary sanction for violation of the functional duties of magistrates.
Callou de Sá said that the recorded dialogues reproduce “inappropriate conduct for a magistrate”.
In the oral argument, lawyer Eugênio Aragão stated that the dialogue resulted from a “fortuitous meeting of evidence”.
Daniela Madeira recalled that the allegations of nullity of telephone interceptions “were dismissed in the judgment of Criminal Action 957 (in the STJ) in the vote of minister Luis Felipe Salomão, converging in the understanding of (rapporteur) minister Herman Benjamin”.
The rapporteur read an excerpt from a conversation between Alexandre and his wife, recorded by the Federal Police: “If Guilherme doesn’t want to, he has to see someone. I was thinking about his mother, you know? Then, she was left with “three little” [R$ 3.000] and you with “three little”.
Alexandre de Carvalho began to be investigated at the STJ following conversations with lawyer Kalid Antônio, who was under telephone monitoring by the Federal Police. The judge would have personal leisure expenses (travel to a tourist location) covered by the lawyer, who would also handle criminal cases for the benefit of Guilherme.
The complaint was rejected by a majority (eight votes to four).
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