The CNJ (National Council of Justice) filed administrative proceedings to investigate suspicions that the Federal Regional Court of the 5th Region, based in Recife, favored the daughter of the Dean of the Court in the formation of the triple list to promote judge by the merit criterion.
The procedure was opened from the letter of Judge Roberto Wanderley Nogueira to the National Corregidor of Justice, Mauro Campbell.
“Everyone already knew that the two best voted candidates were elected in advance,” said Nogueira.
Isabelle Marne Cavalcanti de Oliveira Lima, from Alagoas, were elected; Gisele Chaves Sampaio Alcântara, from Ceará, and Amanda Torres de Lucena Diniz Araújo, from Pernambuco.
Isabelle is the daughter of the dean Paulo Roberto de Oliveira Lima.
Nogueira states that not part of the first fifth part of the seniority list were chosen, violating constitutional and regulatory devices.
The judge requested the declaration of nullity of the list.
Two days before the proclamation of the result, on March 26, Nogueira registered in the notary’s office, which was confirmed.
Prevented, Oliveira Lima did not participate in the vote.
The most voted candidate “does not even integrate the exclusive list of seniority, composed only of federal judges,” noted Nogueira.
The CNJ rapporteur, counselor Rodrigo Badaró, ordered the notification of TRF-5 to provide information and provide a copy of the records to the three judges on the list.
Appeal to ignorance
TRF-5 President Francisco Roberto Machado holds that the court respects the current rules and “contributes to the important gender equity policy established by the CNJ”.
Regarding the claim of favoring to the dean’s daughter, “you see it’s just a fallacy for long cataloged as’ appeal to ignorance,” he says.
In the document registered in the notary, Nogueira indicated the only two judges, among the ten qualified, who fulfilled the requirements for the position: Cristina Maria Costa Garcez, from Paraíba, and Telma Maria dos Santos Machado, from Sergipe.
“They only had two unique votes in the election,” said Campbell.
Cristina Garcez filed a request for measures to the CNJ, represented by lawyer José Fernandes Mariz. Badaró determined, as an urgent basis, that the TRF-5 manifests itself within five days.
“Cristina is the oldest and most productive of the ten candidates who have signed up. It has more than three decades of naughty judicature,” says Nogueira.
Catholic, apostolic, Roman and Mariano Christian, Nogueira is a teacher of Inclusion and Citizenship Law, one of the themes of his broad bibliographic production.
Leads a group of older judges, and young people whose work has evaluated in master’s and doctoral stalls.
In 2014, in the elections of Ajufe (Association of Federal Judges of Brazil), he participated in the plate headed by Judge Eduardo Cubas, compulsorily retired by the CNJ for acts against electronic ballot boxes alongside Deputy Eduardo Bolsonaro (PL-SP).
In 2022, without peer support, questioning the fictional lists.
Otherwise
TRF-5 President Francisco Roberto Machado says Nogueira “disrespects his own good faith, as he transcribes only part of the norm that disciplines the promotion by merit”.
The TRF-5 maintains that the allegation of violation of the fifth oldest rule omits that Resolution No. 106/CNJ states that this rule does not apply to access to TRFs, a position already signed by the Supreme Court. “
“The resolution does not establish a single method to measure the merit. The Court may adopt the open nominal voting method, where each judge, in a public session, presents its list of candidates with the proper reasoning of its choice.”
‘There is no news of any TRF that has adopted the scoring model defended by the judge. “
According to the court, the candidate who led the list “presents performance and professional qualities that fully justify her access to the Court, which can be measured by her resume.”
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