The request was submitted in opposition to the Brazilian Bar Association for Democracy. (Photo: Ascom/TRF-1)

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One of the main structures of federal judges, the Association of Federal Judges of the 1st Circuit, Ajufer, has asked the National Council of Justice to have Judge Inspector Luis Felipe Salomao hold the trial of the Federal Circuit Court of the 1st Circuit (TRF-1), scheduled this Thursday (10th), the agenda of which should include the appointment of new judges to the Court.

The organization’s petition was filed as part of a lawsuit filed by the ABDJ (Brazilian Lawyers’ Association for Democracy), which seeks to suspend the session of the Special Administrative Court, the main point of which is the promotion of justices of the peace.

The association said there was “a certain haste” and a “political focus” if the selection of new judges was not carried out by a “democratically elected government on 30 October”.

The process, which was judged by the rite of request for measures, was filed last Monday (7). The legal team argues that the court should first review the vacancies of the new TRF-6 in charge of Minas jurisdiction.

Last September, this new court was created by splitting the powers of TRF-1, which is today the largest federal court in the country and is responsible for the states of Acre, Amazonas, Amapa, Bahia, Federal District. , Goias, Maranhao, Mato Grosso, Para, Piauí, Roraima, Rondonia and Tocantins.

The Union of Federal Judges argues that “the competence of the new judiciary was determined on 07/28/2022” and that “the banning of the TRF-1 plenum only because of the election results is interference by a political party in the judiciary.”

The magistrates’ representation, led by federal judge Shamil Cipriano, also argues that TRF-1 lacks judges and that “it is the last of the regional courts to encourage expansion.”

Another point used by Ayufer is that the request for measures should be analyzed by the CNJ plenary and not by the magistrate minister.

understand the matter

In a letter to the justice of the peace, the Brazilian Bar Association for Democracy argues that TRF-1 will show “conspicuous haste” in appointing judges instead of prioritizing the structuring of the new Minas Gerais court.

“Faced with the simultaneous challenges of expansion and dismemberment, the TRF of the 1st region found itself in a situation of insulting the very rules it established for nominating and providing vacancies, which may mean, in the opinion of this subject, possible political directions,” supports the core of lawyers.

The rules referred to by the organization are the internal rules for merit promotion of magistrates and the structuring of the FTF-6.

“TRF 1st Region has begun the process of filling vacancies on merit even before discussing the competence of new jurisdictional bodies, providing vacancies that are not material.”

According to the request for action, “The remarkable speed with which the regulations set by the Federal Regional Court for the 1st Circuit are applied could result in a departure from the goal of the selection of new judges not accepted by the democratically elected government on 10/30/2022.”

In a note, members of the Associação Brasileira Jurists pela Democracia state that they want to “guarantee the fairness, validity and constitutionality of the process of promotion to the TRF 1st region, and for this it is necessary to determine the competence of the jurisdictional bodies and, at the same time, the Federal Council of Justice, the time frame in which the participation of judges associated with the TRF of the 6th district.

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