AGU obtains in CNJ decision against judge who planned to disrupt election

MIL OSI Translation. Region: English / Latin America –

Source: Republic of Brazil 2

AGU obtains in CNJ decision against judge who planned to disrupt election

Posted: 09/28/2018 – Last updated at: 21:26:13

The National Justice Council (CNJ) on Friday welcomed a request from the Federal Attorney General's Office (AGU) to take precautionary measures to prevent Judge Eduardo Luiz Rocha Cubas of the Federal Civil Special Court of Formosa (GO), deliberately undermined the holding of the election on October 7. The AGU demonstrated in the context of a disciplinary complaint filed against the magistrate that he planned to grant an injunction at the end of October 5, ordering the Army to collect electronic ballots that will be used in the voting. The injunction would be granted in the context of a popular action that questions security and credibility of the polls. The suspicious behavior of the judge began from the moment he allowed the prosecution of the action in the court, since Law 10.259 / 11 (which regulates the special federal courts) expressly provides that such courts have no jurisdiction to prosecute popular actions (article 3, paragraph 1, item I). Then, the magistrate failed to digitize the records, granted the process of judicial secrecy without any legal basis and did not notify the Union to take cognizance of the action. In addition, the judge was personally to the Army Command, in Brasília, where he met with the military to anticipate the content of the decision he promised to deliver on October 5 with the stated expectation that: the Armed Forces could already prepare for compliance with the future determination that would receive to collect urns; there was not enough time for the decision to be reversed by the Judiciary itself. "This unfair conduct evidences the judge's clear intention to assert his unreasonable order on election day, seriously threatening the democratic process," warned the AGU.A Advocacia General also added to the complaint a video posted on the YouTube site in which the judge appears alongside federal deputy Eduardo Bolsonaro (SP) questioning the security and credibility of electronic ballot boxes – thus expressing political-party opinion incompatible with the role of judge. For the AGU, these circumstances prove that the magistrate intended to take advantage of the position and "the coercive power that a jurisdictional provision that he could have in relation to republican institutions, including the Armed Forces", to achieve political objectives , in particular make it unfeasible to hold elections or discredit the process and as a whole.

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