06/30/2024 – 18:10
The National Council of Justice (CNJ) opened this Sunday (30) a disciplinary complaint against judge Luiz Alberto de Vargas, of the Regional Labor Court (TRT) of the 4th Region, based in Porto Alegre.
The measure was taken by the national inspector of justice, minister Luís Felipe Salomão, after the emergence of the case involving lawyer Marianne Bernardi, who is eight months pregnant, and had her request for priority oral argument denied during a virtual session held on 27 June.
Related news:
The complaint is a preliminary procedure that precedes the possible opening of disciplinary proceedings against judges. For the minister, the procedure is necessary to investigate the conduct of the judge.
“Such issues require the Judiciary to pay close attention and abhor all forms of discrimination or violence, which includes adequate and equal treatment given to those who work in the Judiciary, in addition to those who, in any way, use its facilities. or are users of the services provided”, stated Salomão.
The Rio Grande do Sul section of the Brazilian Bar Association (OAB) is also following the case and must file a complaint against the magistrate to the CNJ and the Labor Court’s ombudsman.
According to the OAB, the Statute of the Bar Association guarantees pregnant lawyers the right to be heard before other lawyers during trial sessions in courts throughout Brazil.
Court hearing
Marianne stated that she waited from 9 am to 4:30 pm for the case to be called for trial.
During the session, when denying the right of preference, judge Luiz Alberto de Vargas claimed that the preference does not apply to virtual sessions, only for in-person sessions.
“That’s my position, I’m not going to change it. The problem is being created by Dr. Marianne, not by me. The doctor had one hour to find another lawyer to replace her, since she’s feeling unwell. I can’t do more than that. This matter has already taken up too much of the session,” said the judge.
The lawyer then argued that her rights were being disrespected by the judge. She was defended by other judges, lawyers and the labor prosecutor who were present at the session. “Doctor, I am not creating any problems here in the session. This is a legal right that you are disrespecting,” she said.
Amid the impasse, the judge even said that he did not know whether the professional was really pregnant or not. Upon hearing the question, she got up from her chair and showed her pregnant belly to the camera.
Other side
A Brazil Agency contacted the court’s press office and asked if the office of judge Luiz Alberto de Vargas intended to comment on the episode. The report awaits feedback.
#CNJ #investigate #judge #denied #priority #pregnant #lawyer