After being convicted by the National Council of Justice (CNJ) in three disciplinary proceedings, the former federal judge of the 7th Federal Court of Rio de Janeiro, Marcelo Bretas, was and now faces obstacles to return to law.
According to interlocutors heard by Globothe Brazilian Bar Association (OAB) has indicated that it will deny the restoration of its professional registration. Officially, however, there is no formal position on the subject. In this scenario, if you want to return to law, Bretas may have to judge the case. The information was initially released by Portal Correio da Manhã.
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As anticipated the columnist Ancelmo Gois, the Rio de Janeiro OAB section sent a letter to the national entity requesting the inclusion of Bretas’s name in the register of law firm violators, which puts him in the condition of non grateful persona in the profession.
It is worth remembering that the OAB itself was responsible for the representation that originated one of the proceedings and even celebrated the decision of the CNJ that resulted in the punishment of Bretas.
“We have received with respect and attention to the unanimous decision of the CNJ, which reinforces the importance of the vigilant action of institutions in combating authority abuses and in defense of fundamental guarantees. The order reaffirms its commitment to the defense of the democratic rule of law, ethics in the judiciary and respect for the professional prerogatives of lawyers,” said OAB-RJ President Ana Tereza Basilio.
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The representation of the OAB was motivated by coaching and tutoring practices – conduct expressly prohibited to magistrates. Bretas was also the target of other accusations, such as supposed interference in the 2018 state elections and functional abuse in conducting Operation Lava-Jato in Rio.
Despite the punishment, he will continue to receive earnings proportional to the length of service. The CNJ decision has immediate effect, although it still has appealed to the Supreme Federal Court (STF).