Two magistrates will no longer judge proceedings involving the owner of Havan; CNJ analyzes conduct
Two judges from the (Court of Justice of Santa Catarina) declared themselves suspects to judge an appeal involving businessman Luciano Hang. The decision came after both participated in a dinner promoted by Hang and the (National Council of Justice) opened one to investigate the case.
The event, which brought together more than 10 magistrates, was held on Monday (Dec 16, 2024), in Brusque (SC), to celebrate the reopening of Casa Renaux, a historic building restored by the owner of the Havan store chain.
The case has raised questions about the impartiality of judges, as Hang is involved in cases under the court’s judgment. In one of them, magistrates Haidée Denise Grin and André Carvalho declared themselves suspects – a device used when a magistrate has ties to one of the parties to the process.
Judge Haidée, rapporteur of the case since October, requested the redistribution of the case on Thursday (Dec 19). In the decision, he said that he adopted the measure “so that there is no doubt about my impartiality in the exercise of judiciary”. Ice cream a (PDF – 153 KB).
The case was redistributed and was reported by judge André Carvalho. Upon receiving the case, he also declared himself a suspect. The decision was made on Friday (Dec 20). Here is it (PDF – 141 KB).
“In view of recent contact established with one of the parties, whom, until then, I did not know personally, I declare myself a suspect to judge this case, in order to avoid future questions and guarantee confidence in justice”he stated.
The appeal was filed by the defense of Guilherme Howes Neto, a teacher from Santa Maria (RS), sentenced to pay R$20,000 to Hang for moral damages due to posts on social networks.
CNJ CLEARS CONDUCT
The investigation into the conduct of the judges was opened by the CNJ after dinner with the businessman and before the declarations of suspicion. It was determined by Minister Mauro Campbell Marques, national inspector of Justice.
If judges are found to be biased, they may be sentenced to compulsory retirement. Among the judges who attended, Saul Steil and Jairo Fernandes Gonçalves had already decided in favor of Hang in 2021.
In a note, the Court of Santa Catarina declared that “the principle of functional independence guarantees magistrates the autonomy and impartiality necessary to exercise their functions”.
