Minister Paulo Sérgio Domingues said that the action is competent to the forum “of the site of facts”; If it deals with an alleged “informal office”
The Minister of (Superior Court of Justice) Paulo Sérgio Domingues has ruled that it will be the jurisdiction of the court of Brasilia to analyze the popular action of Councilman Guilherme Kilter (Novo-PR) against the first lady Janja Lula da Silva for an alleged “informal office” mounted on the palace from the plateau.
The document calls for the eviction of the cabinet, that is, its dismantling in the plateau, and the resignation of the members who integrate it. The request began a competence dispute for the analysis of the case in the Federal Courts of Brasilia and Curitiba, which alleged the jurisdiction of each other. The conflict was resolved by the STJ on Friday (14.FEV.2025).
“Considering that the present conflict of competence originates from popular action in which the protection of public money that was supposed to be used illegally and improperly used by the first lady of the Presidency of the Republic by maintaining an“ informal office ”in the Palace of Plateau, The forum of the site of the facts is competent“declared Domingues. Here of the decision (PDF – 175 kb).
Conflict of Competency
The action was initially filed at the 7th Federal Court of Curitiba, but the case was sent to the 22nd Federal Civil Court of SJDF (Federal District Judicial Section) on December 30, 2024, when the Substitute Federal Judge Marize Cecilia Winkler understood that It is up to the forum “From where the damage occurred”, In this case, in Brasilia.
The replacement federal judge during the judicial duty Francisco Vale Brum, from Brasilia, however, he stated that there was “Negative conflict of jurisdiction before the Superior Court of Justice.” Stated that, in fact, there is jurisprudence of the STJ that supports the jurisdiction of the localized court where the “dano” to judge popular action. However, he said that “It is also understanding based by the STJ that the choice, in this case, is exclusively the author”. He asked, on December 31, for the STJ to order who will decide on the case.
Informal cabinet
The lawsuit against the Federal Union states that the money disbursed by Janja to maintain an informal office installed in a room of 25 square meters, on the 3rd floor of the Planalto Palace, is illegal and is being unduly spent by the first lady. In the office, would work at least 12 commissioned servers, without formal bond with the Federal Public Administration. The author claims to have the purpose of “Protection of administrative morality and public money”.
The request in court also cites the report of December 26, 2024, Estadãowhich says that Janja maintains the “Parallel Cabinet”, consisting of press advisors, social networking experts, a military man designated as a helper of orders and personal photographer, at the approximate monthly cost of R$ 160.000 to the public coffers.
O Poder360 That the first lady’s office does not officially exist as a government structure, but 8 people work daily with the sociologist, do their advice and accompany it on trips. Almost all are crowded in the president’s personal office (PT). The team cost, on average, R $ 1.9 million per year in 2023 and 2024.
