The President of the (São Paulo Court of Justice), filed a preliminary investigation over by Judge Enio Santarelli Zuliani. The magistrate ordered the driver to take him to a soccer game at Morumbi stadium on the night of last April 10.
By the rules of the (National Council of Justice) and the TJ-SP the Court’s vehicle must be used exclusively in the performance of the civil service. The process is not under confidential.
Garcia noted that “any different use should have been previously submitted, for analysis, to the competent administrative body.”
Zuliani claimed that the “prolongation of the route” would be “extension of prerogatives, just a longer route”, and that a meniscus injury prevents him from making long walks.
Garcia said Zuliani “should have been taken to his residence [na Bela Vista]right after the end of the trial session, not until the vicinity of the Morumbi stadium, even considering the health problems it reported. “
“Inequivote the error of your excellence.”
“Clearly the judge stressed prerogative that does not exist in order to justify his conduct. It happens that this does not mean, in itself, bad faith,” Garcia understood. “On the contrary (…) it demonstrates that the magistrate believed he was not practicing functional irregularity for only altering his place of landing after a day of face -to -face work.”
Based on the principle of proportionality, Garcia found a “orientation to the magistrate to use a vehicle provided by the Court only for transport between her residence and her workplace.”
The investigation originated from the judge offered on May 12 from a report of the Metropolis website.
“Using an official car, spending gasoline pays on public money, is a reprehensible, severe attitude, naked from shame and judiciary,” said the magistrate.
At the beginning of the investigation, Garcia has requested data on Zuliani’s productivity in the last ten years, information that has nothing to do with the abuse of using the vehicle.
With 47 years of impeccable career, without disciplinary sanction and with expressive productivity, the judge should not be dismissed by an interpretative misconception, would only fit guidance, Garcia decided.
According to him, “there would be clear excess in the establishment of a disciplinary administrative process, which, by itself, represents a perennial mark in the functional life of a magistrate.”
“The fact could give only one warning.” But warning and censorship are only applicable to first instance judges.
“The isolated conduct has not made it and will not make the magistrate incompatible with the exercise of his position, not even temporarily,” said Garcia. He cites precedents of the CNJ who dismissed the penalty of availability.
About mention “to the use, by the person led in the car, in the club’s shirt,” Zuliani said the text “runs away from reality”.
“Although absolutely inadequate the use of clothing incompatible with the civil service justifying the very use of an official car, the panorama would not undergo sensitive change,” concluded the president.
“The preponderant and irregular fact consisted of the incorrect use of the official car.”
Otherwise
This is excerpts from the information that Enio Zuliani provided to TJ-SP:
“Although aware that the transportation service with official car is preaccted, precipitously, to displace the judge between his residence and workplace, I considered that the prolongation of the return path would not be inappropriate or irregular use, but extent of the prerogatives, as only a longer path.”
“Thus I proceeded with problems arising from degenerative medial meniscus lesion, with extruded fragment, as well as grade 3 chondropathy in the medial compartment, which prevents me from long walks with huge volume of people, as occurs in football matches. “
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