The report produced by the internal investigation of the (Superior Court of Justice) on the case of , the subject of investigations, concluded that disciplinary proceedings should be opened against the magistrate.
The document was forwarded this Friday (10) to all court ministers. The session that will decide on the progress or closing of the case is scheduled for next Tuesday (14).
Buzzi has denied the accusations. In March, the defense said that he “did not commit any improper act” and that evidence was being collected “that will ultimately allow for a calm and rational analysis of the facts.” He also stated that he was confident that these elements would lead “to the shelving of the investigation.”
The report contacted the defense again this Friday, but has not yet received a response.
The commission’s conclusions now include a recommendation to preserve images of the court’s seventh-floor hallways, where Buzzi’s office is located. One of the accusations was made by a former employee.
The report also points to the rejection of the requests for procedural nullities indicated by the minister’s defense, the maintenance of his removal until a decision to the contrary and the sending of the material to the (National Council of Justice).
Subject to reservations, after the first reading of the document, a judge stated that the evidence was “more than sufficient” to open the procedure and added that the case “is a shame for the court”.
Finally, the investigation also suggests the drawing of a new commission to process the PAD (disciplinary administrative process). This is a measure, in the opinion of the judges, that avoids future nullities. This is because it applies, by analogy, the idea of the judge of guarantees: one magistrate instructs the process and another conducts the trial.
The inquiry has been led, so far, by ministers Raul Araújo, Antônio Carlos Ferreira and Francisco Falcão. The latter, dean of the court, presided over the group. He replaced Isabel Gallotti, who had been drawn but declared herself unable to do so due to family ties — she is married to TCU (Federal Audit Court) minister Walton Alencar, whose brother has a stepson married to one of Buzzi’s daughters.
In addition to the complete investigation report, the ministers received memorials from the lawyers of the three parties: those of the minister and those of the two complainants.
Buzzi was removed on February 10 after a closed meeting between court members. On the same date, he requested a 90-day leave of absence from court for psychiatric treatment and medication adjustments.
There are two allegations of a sexual nature against Buzzi. The first was made in January by the daughter of a couple of his friends, who said she had been grabbed while swimming in the sea on the coast of Santa Catarina.
The second came from an outsourced employee who worked for the minister. According to her, the harassment would have occurred in various areas of the office, including the minister’s own office, as well as storage space, corridor and library, over the course of three years.
Ministers assessed, after receiving the report, that the former employee’s case has more evidence, but the first report is also impactful due to the proximity between those involved. The young woman reported, for example, that she considered the minister like a grandfather.
Behind the scenes at the STJ, the situation is considered unfavorable for Buzzi and the case is classified as unprecedented in court. Ministers say they see no climate for impunity, a perception reinforced by the fact that the victim’s mother is a well-known lawyer in the legal community.
Furthermore, several of the ministers remember that their own daughters are similar in age and lived with Buzzi.
In Tuesday’s session, the STJ will evaluate whether the complaints are solid enough to be transformed into a PAD or whether they should be archived. If the first option prevails, the minister will answer for the accusations, will have the right to defense and, afterwards, the CNJ must review the process.
The tendency is for the investigation to result in the magistrate’s compulsory retirement. For this to happen, at least 22 votes are needed — the court is made up of 33 ministers. Voting is secret.
The case is also being processed at the (Federal Supreme Court) under the report of the minister, who will conduct the investigation in criminal matters.
The complainants’ testimonies were forwarded to the court, and the (Attorney General’s Office) expressed itself last Tuesday (7) in favor of opening an investigation to investigate the magistrate’s conduct.
The PGR’s statement should also weigh heavily on the analysis of the STJ ministers.
