As in party politics, the weight of the surname and the connection with members of the Judiciary are also present in the results of the elections of the 27 sections of the Brazilian Bar Association (OAB). A third of the slates elected members who belong to or are linked to traditional clans of members of the Judiciary, according to a survey by Estadão.
Among federal councilors and elected regional sectional presidents alone, eight slates elected relatives of judges and ministers. More than half of these magistrates entered the Courts for the fifth constitutional of the OAB, one of the prerogatives of the Order – in addition, the entity chooses positions in councils that supervise the Public Ministry and the Judiciary itself.
In Ceará, the lawyer Caio Rocha was elected federal councilor. He is the son of the former minister of the Superior Court of Justice (STJ) Cesar Asfor Rocha, who entered the Court for the fifth constitutional and was an advisor to the entity. Father and son are close in law.
Both were denounced for embezzlement and exploitation of prestige in the STJ itself within the scope of Operation E$quema S, which investigated undue influence on the Court in a legal battle between Fecomércio. The complaint was annulled by the Federal Supreme Court (STF), and the investigation transferred from Lava Jato do Rio to the State Prosecutor’s Office, where it will be restarted. Wanted, Caio declined to comment.
Son of minister João Otávio de Noronha, who also entered the STJ through the OAB, lawyer Otávio de Noronha, known as Tavinho, was elected an alternate federal councilor in Amapá. There, he doesn’t have an office and doesn’t do much work. He took a supplementary card in the state and, according to allied advisers, left for Amapá because he had difficulty getting enough votes in Minas and the DF. Tavinho is quoted for a possible indication to the new TRF-6. His work as a lawyer takes place in Minas Gerais, the land of João Otávio, and in Brasília, where he advocates expressively at the STJ. When contacted, the lawyer did not respond.
‘TRADITION’. In Rio, in a composition that took place in the proximity of the elections, the chosen one was Paulo Cesar Salomão Filho, nephew of the minister of the STJ Luis Felipe Salomão, coming from the judiciary. Asked about his uncle’s influence, the lawyer stated that he has already held other positions in the OAB in Rio, and that the election is not an “arbitrary choice, but an election”. “This process has been perfected over time, guaranteeing to all those who want to participate equality of opportunity and access, whether from families with a tradition in the Law or not”, he says.
Single-plate candidate for the succession of Felipe Santa Cruz in the national OAB, criminal lawyer Beto Simonetti belongs to a family of jurists. His father and brother once presided over the OAB do Amazonas. “I learned from them the importance of the rule of law and of strengthening the profession”, he says. Currently, Simonetti is the secretary general of the Federal Council. He emphasizes that he defended the measures of “social and gender inclusion” in the OAB.
Lawyer Jean Cleuter Simões, nephew of judge João Simões, who was also nominated by the OAB to the position, was elected president of the Amazonas section. “My uncle has a brilliant career, but neither he nor I invaded each other’s professional sphere,” he told Estadão.
In Rio Grande do Sul, the lawyer Greice Fonseca Stocker, daughter of judge Gelson Stocker, who was a lawyer and also entered the fifth, was elected. Greice graduated in 2006 and took over her father’s office two years later. She says there is room for renewal in the entity. “I am a woman, I am young and there was space for me to participate within the entity. In fact, our section had a very strong renewal this year. Several people who had participated in the entity for many years withdrew, making room for several new people.” And he emphasizes that the father is “prevented from participating”.
José Carlos Rizk Filho, whose father is the recently retired judge of the TRT, José Carlos Rizk, was elected president of the OAB-ES. “He (José Carlos Rizk) is now a lawyer and therefore can provide explicit support. My father was a lawyer, then he went through the TRT, where he was president twice, and now he has returned to practice law”, he says. However, he points out that the father is “very discreet” in the elections and did not “exit”. “My father never presided over the OAB. There was never that hereditary relationship there. I paved my own path through the student movement.”
Niece of judge Luiz Silvio Ramalho Junior, Michelle Ramalho was elected federal councilor by Paraíba. She tells Estadão that the election in the sectional had parity of 50% of positions between men and women, “an unprecedented feat in Brazilian democracy”. And it denies influence of the judiciary in the election. In the Federal District, lawyer Francisco Queiroz Caputo Neto, brother of TST minister Guilherme Caputo Bastos, was elected federal councilor. He was not found.
UNDER STUDY. In Tocantins, he was re-elected to the presidency of the sectional Gedeon Pitaluga. The lawyer is not related to magistrates, but his proximity to a togado became a police case. He was denounced by the Attorney General’s Office (PGR) for paying bribes to judge Ronaldo Eurípedes. Audios of conversations between the judge and an advisor suggest that the magistrate received payments from the lawyer, who is also convicted of embezzlement. “My relationship with members of the Judiciary has always been one of institutional respect and equidistance,” said Gedeon.
Luiz Augusto Coutinho was elected federal councilor for Bahia. In 2017, he even announced the union of his bench with that of the current attorney general, Augusto Aras – who is contested before the 1988 Constituent Assembly, and therefore can advocate. The publication was accompanied by a photo of the two law teams. Today, the two deny acting together. Coutinho says that there is “no influence” from Aras in “our professional and institutional performance”. Aras says he was never “associated” with Luiz Coutinho.
‘ELITIST’. In view of this situation, the former minister of the STJ and ex-corregedor of the CNJ Eliana Calmon states that “the fifth of the OAB is so elitist that the tendency of its representatives is to perpetuate themselves in power through their children, many of them incapable of being career magistrates. due to a complete lack of preparation.
Now a lawyer, the former minister emphasizes that the “mandatory” positions in the Judiciary have been exercised by those appointed by the OAB. “Career judges, before reaching the most significant positions, retire due to age. See who were the last four presidents of the STJ; also see who will be next”, he said. “I have always been against the constitutional fifth system. Those with a vocation to be a magistrate must take part in a public tender”, said former judge Walter Maierovitch.
DIVERSITY. In 2021, for the first time, the OAB held elections with gender and racial quotas. In this way, all the boards of the plates should have 50% of women. A 30% black participation was also defined. Four states that never had women in charge broke this paradigm, among them São Paulo.
The information is from the newspaper. The State of São Paulo.
know more
+ SP: Man dies standing, leaning against car, and scene scares residents on the coast
+ One twin became vegan, the other ate meat. Check the result
+ Reincarnation in history: an age-old belief
+ Andressa Urach asks for money on the internet: ‘Help me pay my card bill’
+ Horoscope: check today’s forecast for your sign
+ CNH: see what you need to know for the application and renewal
+ See which were the most stolen cars in SP in 2021
+ Expedition identifies giant squid responsible for ship sinking in 2011
+ Everything you need to know before buying a crockpot
+ US Agency warns: never wash raw chicken meat
+ What is known about fluorone?
+ Trick to squeeze lemons becomes a craze on social media
+ IPVA 2022 SP: see how to consult and pay the tax
#Clans #Judiciary #elect #relatives #partners #OAB #ISTOÉ #DINHEIRO