Organisations condemn CNJ for legal procedure against judge

In a public note, JusDH states that this act represents retaliation and persecution of a magistrate who criticised the expression “the movement of 1964” used by Toffoli.

JusDH (Justice and Human Rights organisation), a national network made up of organisations of legal consultancy and social movements, which Conectas is part of, issued a note of condemnation against the administrative procedure initiated by the CNJ (National Justice Council) against the São Paulo State, Court of Appeals Judge, Kenarik Boujikian.

The “application for protective measures” was initiated on 16 October by Minister Humberto Martins, after the Court of Appeals Judge spoke out in response to the President of the Supreme Federal Court, Dias Toffoli’s comment in which he uses the expression “the movement of 1964” to refer to the coup d’état of 1964. During the seminar “30 years of the Citizen’s Constitution – Progress and Setbacks”, hosted by Conectas, Folha de S.Paulo and FGV Law in SP, Kenarik stated that “a minister of the Supreme Federal Court referring to what has been historically acknowledged as a coup, as a movement, is trampling on Brazilian history. In a sense, it is disrespecting our victims.”

The National Justice Judge said that the statement made by the Court of Appeals Judge could be considered a violation of her conduct as a Magistrate and ruled that she should justify herself within a 15 day period.

According to JusDH, this course of action by the CNJ “is an expression of the arbitrary nature of actions accepted and initiated by the judiciary. These actions are in line with the politicisation of the legal system.”

The network also highlights that Boujikian has previously been the target of institutional persecution by the judiciary, citing an episode in 2017 when the magistrate suffered an attempted penalty of censure by the São Paulo Court of Justice after granting freedom to eleven prisoners who had already completed their sentences.

“The new administrative procedure, initiated by the CNJ reveals, once again, the persecution of a magistrate whose work is guided by the fulfilment of a democratic state of rights. The procedure also reveals a legal system that lends itself to denial of the country’s history.” JusDH states in the text.

•  Read the full note of condemnation here