The National Council of Justice (CNJ) will analyze the conduct of Judge Marco Antônio Mendes Ribeiro, of the São Miguel County (RN), who denied an injunction to an 84 -year -old man from the interior of the northeastern state, to suspend unauthorized discounts in his retirement of the National Institute of Social Security (INSS).
In the process, magistrate Marco Antônio Mendes Ribeiro recognized the illegality of discounts, but did not see the urgency necessary to accept the retiree’s request, on the grounds that the debited values were low, the slaughter took place “considerable time” and there was no “danger of concrete damage.”
The plaintiff receives retirement in the amount of a minimum wage, R $ 1,412. In April 2024, the amount of R $ 28.24 as a contribution to the National Retirement and Pensioners Association (AAPEN).
AAPEN is among the associations investigated by the Federal Police (PF) and the Comptroller General of the Union (CGU) for being part of the “core” of the INSS fraud scheme.
“After a superficial examination such as the case requires at this procedural moment, whose cognition is summary, I convince myself that the claim made in urgent protection by the plaintiff does not deserve to prosper, behold the amount charged monthly by the defendant, even if, in theory, is unlawful, so that he cannot remove the subsistence of the promoter,” said the judge in Rio Grande do Norte.
After the injunction was denied, the retired defense appealed to the Rio Grande do Norte Court of Justice. In the event, discounts continued for another seven months and were only suspended in March this year, when Judge Luiz Alberto Dantas Filho granted the injunction
“By natural caution for the moment, the need for suspension of discounts on the aggravated salaries was demonstrated, especially considering that the continuity of the situation would end up damaging their income, by a contract under the suspicion of fraudulent hiring,” Dantas Filho wrote.
CNJ Case
The case resulted in a disciplinary complaint presented by the defense of the retiree to the National Council of Justice (CNJ) against the judge of the first instance.
The defense argues that magistrate Marco Antônio Mendes Ribeiro “unaware of the reality” of low -income people and asks the action to be sent to another magistrate for an impartial analysis of the case.
There is still no deadline for the magistrate’s conduct to be analyzed by the CNJ. The rapporteur of the case is the National Corregedor of Justice, Minister Mauro Campbell Marques.
Marco Antônio Mendes Ribeiro may suffer sanctions, if he opened an investigation or administrative procedure against him.
A CNN tries to contact the judge.
