The Plenary of the National Council of Justice (CNJ) decided to dismiss Judge Marcelo Lima Buhatem for 60 days, from the Rio de Janeiro Court of Justice (TJ-RJ), by publication of messages of political-partisan political in social networks. According to the CNJ, Buhatem shared much -reach messages and posts that questioned the credibility of the judicial and electoral system. For the agency, publications fostered social distrust about justice, security and transparency of elections.
In October last year, the judge had his social networks suspended in an unprecedented decision by Minister Luis Felipe Salomão, national corrector of justice.
Solomon claimed that the judge repeated in the conduct, “even after an investigative procedure was already established” in the corregedoria.
Among the contents used as a basis for removal is a message sent by a transmission list on WhatsApp that associated the President of the Republic, Luiz Inacio Lula da Silva, to the Red Command (CV).
Buhatem shared a report on Lula’s visit to a slum where the police would have been prohibited from conducting operations accompanied by the message: “Lula is a guest of honor of the Red Command.”
In another post, the judge released the cover of the newspaper S.Paulo Folha With a Datafolha survey published before the first round, accompanied by the comment: “Yes, it had to be (sic) in the fake news survey! Act against democracy!”
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The CNJ National Corregedoria identified other posts, including criticism of the Supreme Court Minister (STF), questions about the integrity of the electoral system and content aligned with the former President Jair Bolsonaro (PL).
One of the examples cited is a note published by Buhatem, as president of the National Judges Association (Andes), in which he criticizes the attacks of former federal deputy Roberto Jefferson to the STF minister, Carmen Lúcia, but inserts comments that, according to the Corregedoria, indicate support for Bolsonaro, then candidate for reelection.
In the note, Buhatem calls Jefferson a “lone wolf”, which was interpreted as an attempt to influence the perception that the former parliamentarian acted alone, without the collaboration of groups near Bolsonaro.
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The term “solitary wolf” was used by the Federal Police in conclusion of the case Adélio Bispo, author of Bolsonaro stabbed in the 2018 presidential campaign.
In his interrogation, Buhatem stated that he used the term “lone wolf” just to indicate that Roberto Jefferson acted alone, with no relationship with Bolsonaro.
In addition to the political-party publications on social networks, the judge was investigated for alleged breach of impartiality, process stoppage in his office and omission of his suspicion in cases involving a lawyer with whom he had a kinship bond. However, not enough evidence was found for these accusations.
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Although the rapporteur of the case, advisor Alexandre Teixeira, voted for the penalty of removal for 90 days, the majority of the plenary followed the divergent vote of the Caputo Bastos counselor, who proposed a 60 -day penalty. The trial took place on Tuesday, April 8.
Defense
The judge’s defense stated that he only “enjoyed” institutional posts of then -President Jair Bolsonaro, without making personal demonstrations about the content.
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He also argued that the interactions occurred in 2023, after the election period, which would rule out the imputation of support for the now former president’s candidacy.
He also denied involvement in the January 8’s scammer acts and stated that screens captures cannot, in isolation, prove demonstrations in WhatsApp conversations.
