President Luiz Inacio Lula da Silva appointed federal judge Gisele Chaves Sampaio Alcântara, director of the Judicial Section of Ceará, to compose the TRF-5 (Federal Regional Court of the 5th Region), based in Recife.
Administrative possession occurs on Wednesday (4), when the federal judge Walter Nunes da Silva Júnior, head of the 2nd Federal Court in Rio Grande do Norte, chosen by the seniority criterion, will also be sworn in.
Nunes was a member of the CNJ (National Council of Justice), President of Ajufe (Association of Federal Judges of Brazil) and auxiliary judge of the Presidency and Special Court of the STJ (Superior Court of Justice).
Nunes’ name was unanimously approved in April, but he had been acting as a federal judge called since March.
The appointment of the Ceará magistrate ends an open controversy after the vote, held on March 26 last, when the Court elected an exclusive triple list to promote federal judges, within the gender equity policy in the Brazilian judiciary.
She competed with the judges Isabelle Marne Cavalcanti de Oliveira Lima, from Alagoas, and Amanda Torres de Lucena Diniz Araújo, from Pernambuco.
Federal Judge Danilo Fontenelle of Ceará says Judge Gisele Sampaio was “the unlikely candidate.” He disputed the promotion “No politicians, no influential entrepreneurs, no contacts”.
“Gisele has a very beautiful trajectory. From the interior of Ceará, he walked and crossed rivers to study in public school. He came to live with relatives in Fortaleza. He was a court intern and brought his brothers to live together. He passed at the Federal University of Ceará, was first placed in his contest.”
Controversial vote
From a letter sent by TRF-5 judge Roberto Wanderley Nogueira to the national corregedor, Mauro Campbell, to investigate the suspicions of election with marked letters, favoring Isabelle, the most voted candidate, daughter of the dean of the court, Paulo Roberto de Oliveira Lima. Prevented, he did not participate in the vote.
“Everyone already knew that the two best voted candidates were elected in advance,” said Nogueira, also referring to Gisele, the second classified in the vote.
TRF-5 President Francisco Roberto Machado considered Nogueira’s accusation. He stated that claiming favoritism is a “appeal to ignorance.”
The rapporteur, counselor Rodrigo Badaró, dismissed the requirements of Nogueira and Judge Cristina Maria Costa Garcez.
Gisele’s choice frustrates Nogueira’s claims and the predictions of those who bet on the influence of the TRF-5 dean and the political lobby installed in Alagoas.
Administrative possession was marked shortly after the appointment. The immediate call is attributed to the Court’s attempt to avoid challenge.
On the date of appointment of the magistrate, Nogueira filed an appeal “due to an alleged regular subpoena of the interested party, who did not actually happen”.
“There was no effective science of the subpoena to the interested party, since although communication was received by an outsourced employee (…) was not immediately passed on to the appropriate purposes, a circumstance that precluded the knowledge of the act and, consequently, the possibility of timely interposition of the appeal.”
He calls for recognition of the nullity of the subpoena and reopening the appeal period.
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