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Prosecutor reportedly called lawyer a bitch, under the pusillanimous gaze of magistrate during jury trial.

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Wednesday, February 12, 2025

 

Updated at 09:51

 

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The CNJ unanimously decided to apply a penalty of censure to Judge Carlos Henrique Jardim da Silva , of the 3rd Jury Court of Manaus/AM. The magistrate was held responsible for omission during a plenary session of the Jury Court, in which the Public Prosecutor Walber Nascimento uttered misogynistic and derogatory expressions against the victim of the crime and the defense attorney.

 

Read more

Lawyer accuses prosecutor of comparing her to a dog during jury trial

 

The PAD was instituted to investigate whether the judge failed to comply with ethical and legal standards of the judiciary by allowing misogynistic offenses to occur without any intervention. The decision was based on CNJ Resolution 492/23, which establishes the Protocol for Trial with a Gender Perspective, aiming to prevent and curb discriminatory practices in the justice system.

 

According to the rapporteur, counselor Renata Gil, the judge should have exercised his role as director of the session and intervened in the face of the abuses committed by the public prosecutor.

 

The judge's omission, according to the CNJ, contributed to the victim's revictimization and the defense attorney's embarrassment, constituting a disciplinary infraction provided for in article 35, I, of the Loman and in articles 3, 9 and 20 of the Code of Ethics of the National Judiciary.

 

 

CNJ analyzed the judge's stance during a plenary session of the Jury Court. (Image: Marcus Phillipe/TJ-AM)

The case

 

During the Jury Court session, held in September 2023, prosecutor Walber Nascimento used sexual and offensive expressions to refer to the victim and lawyer Catharina Estrella, even comparing her to a bitch.

 

 

 

The episode generated strong repercussions, even with several articles published on the Migalhas website, and led the OAB to express its repudiation.

 

The CNJ highlighted that judge Carlos Henrique Jardim da Silva should have acted immediately, as determined by article 497, III, of the CPP , which imposes on the magistrate the responsibility of directing debates and preventing abuses of language.

 

In his defense presented to the CNJ, the judge claimed that he took the necessary measures to maintain order in the session and that the expressions used by the prosecutor could be interpreted as "oratory techniques". However, the evidence analyzed by the CNJ demonstrated that there was no effective intervention to prevent the offenses.

 

Mariana Ferrer Law

 

The decision also represents a legal milestone, as it is possibly the first time that the Mariana Ferrer law ( law 14.245/21 ) has been used as a basis in a disciplinary trial of a judge. The law was drafted following the repercussions of a controversial hearing in Santa Catarina, in which the victim, Mariana Ferrer, was exposed to humiliating treatment during the trial.

 

The main objective of the Mariana Ferrer law is to protect victims and witnesses in legal proceedings, ensuring that they are treated with respect and without re-victimization.

 

Its application in the case of magistrate Carlos Henrique Jardim da Silva reinforces the need for judges and members of the Public Prosecutor's Office to guarantee a safe and dignified environment for all parties involved in a trial.

 

Disability retirement

 

During the disciplinary proceedings, the judge requested disability retirement from the TJ/AM. The CNJ clarified that granting the retirement does not extinguish the Administration's punitive claim, since there is a possibility of reversing the retirement.

 

Therefore, the sanction of censure will remain suspended until the judge is eventually returned to office.

 

In addition to the penalty imposed on the judge, the CNJ ordered the decision to be forwarded to the CNMP to investigate the conduct of prosecutor Walber Nascimento.

 

By majority, the communication of the decision to the Public Ministry of the State of Amazonas was also approved.

 

The CNJ’s decision represents an important milestone in the implementation of the Protocol for Trials with a Gender Perspective, reaffirming the need for judges and members of the Public Prosecutor’s Office to ensure a respectful and discrimination-free trial environment.

 

The case also raises awareness about the CNJ's role in monitoring the conduct of judges and implementing regulations aimed at gender equality in the Brazilian Judiciary.

 

Case : 0002989-66.2024.2.00.0000

 

 link: https://www.migalhas.com.br/quentes/424498/cnj-censura-juiz-por-omissao-em-caso-de-promotor-que-ofendeu-advogada