New president of the TJ-SP (Court of Justice of ), judge Francisco Eduardo Loureiro defended this Friday (6) the (Supreme Federal Court) on the right of judges to be partners in companies.
“We cannot have business activity. Is there a difference between business activity and participation in some society? The answer is: of course there is,” the judge told journalists shortly before the inauguration ceremony at the TJ-SP headquarters in São Paulo.
Loureiro had been asked about a statement by Toffoli from last Wednesday (4). Rapporteur of the Supreme Court’s investigations, the minister became the target of criticism after revelations of links between his relatives’ businesses and the web of the financial institution.
“Several magistrates are farmers, business owners. And they, not exceeding the administration, have every right to their dividends”, stated Toffoli in response to the minister, who had made a similar note.
The new president of TJ-SP joked: “I have no farm, no farm, no chickens”, but showed that he agrees with the position. “Eventually, it is natural that the judge may buy, want to invest, for example, in a stock fund,” he said.
For Loureiro, the scenario is the same as if you inherited shares in a company that owns real estate or has business activities. “What would it be? A shareholder, an investor. It would never be, because there is a legal prohibition, it could be the administrator of the company.”
According to the judge, the judge is not a businessman or administrator, but, if he acquires a stake in a stock fund, he will be, even indirectly, a shareholder of a company. “This is allowed to the judge, as it is allowed to anyone,” he said.
The judge also commented on (5) of the minister who suspended the so-called penduricalhos in the public service—funds taxed as compensation that allow the constitutional remuneration ceiling to be breached.
“I received [a notícia] very calmly, because, in truth, nothing [se] changes to the São Paulo judiciary”, stated the new president of the court of justice. According to the magistrate, everything that is paid is already authorized by law or by decision of the Supreme Court.
“Therefore, a decision that says that we must pay what the Supreme Court has under the law and with decisions from the Supreme Court itself, for us does not cause any surprise, nor any type of change. We will continue as always,” he said.
The court will check the heading of one of these payments and assess whether they comply with the minister’s decision. “This will be done technically and clearly communicated to the Federal Supreme Court. There is no problem, nor any discomfort.”
Loureiro will lead TJ-SP for the next two years. The inauguration this Friday was attended by authorities, such as ministers Moraes and , this president of , as well as the governor of São Paulo, ().
