Rita Cortez, 67, took over for the third time the presidency of the IAB (Institute of Brazilian Lawyers). Swimming on Wednesday (16), she promises focus on the national debate, criticizes hangers of the judiciary and decisions of the (Federal Supreme Court) and says that the former president () deserves to be arrested for attempted coup.
Founded in 1843, the IAB is the oldest legal institution in Brazil, with an academic approach to law. Cortez commanded her between 2018 and 2022 and now succeeds Sydney Sanches to conduct work by the triennium from 2025 to 2028.
The new president of the Institute accumulates the position with that of president of the Rio de Janeiro Academy of Law and Federal Counselor of (Brazilian Bar Association) in Rio de Janeiro.
Mrs. He presided over entities twice. Why did you apply again?
Every dispute at IAB causes a debate. People compete with different ideas. I thought it was time to reflect on the future of the IAB. We have gone through a delicate moment of national life – the episodes of. We have to be aware, strengthen democracy. In this sense, my candidacy moved the institution and brought the consortia to this debate, to important discussions for the IAB. I see as the first duty of the institution the defense of democracy. He cannot lose this importance in the national scenario.
So let’s talk about the big national questions. The STF has been the target of criticism on various sides. How will the IAB and Mrs. specifically position themselves in relation to them?
IAB has always produced opinions on themes linked to ,,,, social inequality ,. These themes today circulate in the Supreme with immense speed, especially in the labor area. I speak of her because I’m [advogada] Labor. We have seen one who displeases everyone who militates in it – to remove the justice from the labor from the social relations that have always been of its competence. Our conclusion is that the Labor Court has competence and that the Supreme, in this case, would not be with the best position.
Deconstructing labor decisions through complaints.
Exactly, which are serving as a resource. The management of these complaints has to be criticized and fought, because we have the resources. There are already many. It is not fulfilled that path of natural judgment, which goes through the courts of work, from there goes to the regional labor courts and, if there is transcendence of matter and a series of requirements, for the. These complaints cross, make this course that already has a provision in the legislation. They start decisions that end up linking the magistrates and do not even discuss this in appeal.
Much has been said that, invading those of other powers, such as the executive and especially the legislature. Like Mrs. See this question?
The judiciary cannot interfere with matters of competence of the legislature. For example, when discussing a change in the jurisdiction of the Labor Court, this should come by constitutional amendment. The constitution today is clear. She defines what is the jurisdiction of the Labor Court. Every time the Supreme prolates a decision that enters this field, which should be discussed through its own legislative process, it makes a mistake and does not respect the separation of powers. This has been widely criticized, especially in procedural matters.
What will be the treatment given publicly to these opinions? Does IAB want to increase the level of demonstrations and become an actor of this national debate of law?
The positioning of the IAB is always by the constitutional, democratic, the rule of law bias. We are on a very complicated political court. I don’t know if what is being done is enough to ensure that there is no coup d’état that does not repeat itself. It is logical that the coup did not happen. This does not mean that there can be no new attempt later. We have to be alert. After, no one imagined that it would happen what happened in January [de 2023]. It was not expected. We don’t want this to happen again. In this sense, the IAB will not fail to comment.
Mrs. Do you think former President Jair Bolsonaro should be arrested?
There are people who argue that he should not be arrested, because the attitudes practiced would not constitute illicit at this point. Others think so and that, by the attempt to blow and the evidence that he has stimulated, he must be arrested. My opinion – not the institute – is that he deserves to be arrested, starting with what was done in the middle of pandemic. It killed thousands of Brazilians. Since that time, and before it, for the pronouncements against women, against public policies, the dismantling of the state – only by these attitudes, it should be penalized in some way.
He is being sued by coup d’état and attempted violent abolition of the Democratic Rule of Law. In relation to these [crimes]Mrs. Do you think he should be arrested for what he did in his government?
I think. My opinion is that he should be arrested.
And the question of the hangers, what was it even? What is IAB’s position on these extra funds for the judiciary and other spheres of the public power, such as the?
There is a constitutional ceiling. It is logical that there are also certain values that go beyond this ceiling and are fully defensible. Things are not inert. If there is a reason for compensation that goes beyond the ceiling of the public service, you have nothing to question. But when this does not happen, it has to be questioned, because they are very high values. In an impoverished society like ours, it makes a monumental difference. They are state expenses. These are funds that could have another social function.
Speaking now of an agenda closer to law, about judgments in virtual environments. Does the institute have a half -way solution between courts and law?
We do not put this under discussion, but the OAB has already taken steps to combat this kind of thing, because recording is not oral support. Oral support is to go to the Tribune to defend their theses, their customers. Increasingly the judiciary tries to dismiss law from his work. The judiciary has taken measures, especially the [Conselho Nacional de Justiça]which are not justified, because they are lower norms, they do not pass through the legislature. When you want to create a process standard, a reform, this goes to the legislature, it is discussed through our representation and that becomes a law.
X -ray | Rita Cortez, 67
He assumed the IAB (Institute of Brazilian Lawyers) for the third time by the triennium from 2025 to 2028. Graduated in Law from UERJ (State University of Rio de Janeiro) and Postgraduate in Public Law from FGV (Getulio Vargas Foundation), a Labor Lawyer, President of the Rio de Janeiro Academy of Law and Federal Counselor (Brazilian Bar Association) for Rio de Janeiro.
