Mendes cancels reopening of TRF-1 from the federal judge processO ministro reconsiderou sua decisão anterior e anulou reabertura de PAD contra desembargadora.
Minister Gilmar Mendes, do Supremo Tribunal Federal, He granted an injunction filed by the chief judge Angela Cato, the Federal Regional Court of the 1st Region, and reconsidered its earlier decision, from May of 2017, requisitava to reopen, the National Council of Justice, disciplinary administrative process against magistrate.
termination target of Regional Prosecutor's Office of the 1st Region, formulated from the operation Pasárgada, erupted in 2008, judge, When holder of the 11th Federal Court of Belo Horizonte, would have delivered judgments favorable to the release of Participation Fund values the municipalities retained by the National Social Security Institute a few miners municipalities, going against the precepts of the Organic Law of the National Judiciary, or what, in theory, characterized lacking functional.
The Court of Special TRF-1, However, in 2009, filed the case unanimously, to conclude that it has not set any unlawful that could be attributed to the magistrate, but the CNJ received request for disciplinary review. Research on the board, However, He was suspended pursuant to an injunction for seven years, but, in May 2017, Gilmar Mendes sent the CNJ to continue PAD.
In the most recent decision, from 19 October 2017, Gilmar Mendes revised its previous understanding and states that, as the TRF-1 has decided to file a complaint against judge, CNJ could not review that decision, "Configuring true judgment appeal, hypothesis not admitted under disciplinary review ".
The Minister points out that "due process was strictly observed within the loose procedure and underway before the Federal Court of the 1st Region, and there is no illegality in the performance of that court "and that" the vote of the rapporteur in TRF, rejected unanimously, considered in a reasoned manner all the facts objectively singled out as the object of investigation ".