The problem of combating corruption has lost its relevance in public opinion in recent years after a nationwide wave of support for this cause in the mid-2010s. Narodny Bulletin, lies in the fact that the judiciary itself, which is responsible for the conviction of those guilty of corrupt acts, has opened loopholes for systemic corruption.
In recent years, anti-corruption bodies in Brazilian courts have been relegated to the background of their original powers and, in some cases, have become politicized. Chief among them, the National Council of Justice (CNJ), created in 2004 precisely to guarantee the integrity of the judiciary, does not escape this point. As a result, according to lawyers, corruption in the courts is not severely punished.
Even in the fight against the most widespread type of corruption among judges – the sale of sentences, the inaction of the internal affairs bodies of the courts is noticeable. The CNJ, created to combat this omission, has gradually put this attribution aside. Cases of convictions by judges are rare and, when they do, the sentences are usually very lenient.
For example, in April 2021, Judge Amado Silton Rosa of the Tocantins Court (TJ-TO), head of the Sale of Sentences and Judgment Fraud Scheme, was finally convicted by CNJ after more than 10 years of trial that began in 2010. His punishment, however, was forced retirement with earnings proportional to the timing of his contributions, that is, although he was not allowed to serve as magistrate, he continues to receive a salary similar to that of a judge and was not subject to any civil or criminal penalties.
2019 Newspaper Survey State of Sao Paulo revealed that of 17 judges and judges punished by CNJ between 2007 and 2018 for selling sentences, only one was convicted by the council and was convicted of a criminal offense.
“This body, created to modernize the judiciary, as well as to fight corruption, today is effectively working towards the modernization, organization and standardization of administrative jurisprudence. But the work of the Department of the Interior as a censorship body leaves much to be desired, ”says Eliana Kalmon, former National Inspector of Justice and former Minister of the Supreme Court (STJ).
The role of the CNJ Home Office was stronger during her own administration and her predecessor, retired minister Gilson Dipp, she said. “This aroused the interest of politicians who began to nominate political candidates for the CNJ, as well as for the courts themselves. They stopped putting these more experienced judges, who had a tendency to purge the judiciary. They put softer judges, ”she says.
The former inspector claims that one of the main achievements of her tenure as minister – the STF’s recognition that CNJ can investigate first-degree judges – was lost after her term. “It looked like a dead letter. The OVD is no longer involved in this. The disciplinary question for CNJ is like a non-existent activity. The judge opens the investigation, closes the inquiry, but only on paper. Stay in this memory of asking for one more step, one more step, and it doesn’t solve anything. In the end, they filed it.
For Jorge Derviche Casagrande, a compliance lawyer, CNJ has lost its relevance. “One thing was the CNJ, once it was installed, with its purely constitutional functions. The constitutional text that talks about the functions of the CNJ is a wonderful thing. But when we are dealing with the powers that be, and especially with the powers that be, who may not be interested in investigating, we need eternal vigilance. And over the period when CNJ was doing well, he became more and more dehydrated. While today it is a disciplinary body that is very different from the body that was created there before, ”says Casagrande.
The reflection of this “vocation crisis”, according to Casagrande, can be seen on the agency’s own social media. “CNJ’s Instagram gives advice on diet, talks about Detran, talks about your pet, but says nothing about disciplinary responsibility. It’s a joke. The fun starts at CNJ’s social media department, ”he says.
Wanted by report Narodny Bulletin Referring to corruption in the Brazilian judiciary, CNJ said it could not cooperate, arguing that the Organic Law on the National Magistracy “prevents manifestations in cases that are or could be analyzed by the Department of the Interior.”
The internal affairs of the courts are also ineffective, the expert said.
Casagrande recalls that the main reason for the creation of CNJ was the accusation of corporatism directed against the internal affairs bodies of the Brazilian courts. However, CNJ’s dehydration meant that the council gradually receded below the internal affairs departments of the organs themselves. And as a result, violations were no longer fought with the same energy.
He explains the dynamics of corruption in these courts: “Imagine a small court with 11 ministers from a very small court. How often do ministers become president, vice president, or magistrate? They are always there. So whoever the vice president becomes the president, whoever the inspector becomes the vice president and chooses the inspector. These are positions that rotate. I am now an inspector and I will judge the guy who will also be my inspector tomorrow. This is happening in an 11-person court and it will be replicated in a 30-person court. “
Eliana Calmon says that “the magistrate today does not find support in his collegium, because the collegium is politicized, and he does not want to tire himself with discovering processes that he knows will not be implemented.” “Today, everyone who has fought corruption is condemned in the political world and in the judiciary, as can be seen from the judges who participated in Lava Jato,” she comments.
Will CPI Lava Toga solve the problem?
Given this reality of the judiciary, would the creation of the Lava Toga CPC be the light at the end of the tunnel? Experts consulted Narodny Bulletin skeptical about this possibility.
“The problem with the CPI is that it is also political. The latest CPI of the judiciary was nothing more than a game of strength. Who guarantees that the next CPI they want to create isn’t a game of power? Unknown. But institutionally, I see that the Legislature can and should explore other powers, ”Casagrande says.
Despite skepticism, he admits that “perhaps CPI Lava Toga will help CNJ rediscover itself.” “A functioning CNJ can create a better environment for Brazil. It is the Power that needs this kind of attention. The executive director is renewed every four years. The legislative branch has also been renewed; it has mechanisms for renewal. Not the judiciary. The judiciary is renewed with the death of the judge, with his resignation. It is a force that is not renewed, it is not subject to new air, ”says the lawyer.
However, according to Casagrande, this is not enough to morally shake the judicial system. It is also necessary to improve efficiency. “Philosophy must change. There must be efficiency. Lack of efficiency goes hand in hand with corruption, ”he says. In his opinion, slowness, bureaucracy and opacity favor the behind-the-scenes behavior of corrupt judges.
Eliana Kalmon is also skeptical that the CPI Love Toga will solve the problem of corruption among judges. “I will not do it [instaurar a CPI]because the Senate itself finds it difficult to pass. It’s because? How many senators are in the hands of the Supreme Court? They have lawsuits that are not being considered, they are in the box. “
Regarding corruption at the very top of the judiciary – the High Court of Justice (STJ) and STF – the magistrate avoids speculation, but criticizes the lack of transparency. “There are only suspicions. There is behavior at the top of the judiciary that cannot be explained. But no one has proven evidence. And why not? Because they won’t let you investigate. There is no investigation into the STJ ministers, the Supreme Court … The Federal Police have already tried to open it and are closing it before any investigation is carried out. That is, there are suspicions, the Police indicate signs, Bucket [Conselho de Controle de Atividades Financeiras] indicates hints. These clues are just snippets of evidence, but evidence will never appear, because it is the Almighty who gives permission for the investigation. They closed all investigations, all attempts to initiate an investigation against the ministers of the higher courts, ”says Eliana Kalmon.
She also criticizes the lack of public support at the moment. The former judge argues that during her time as a CNJ judge, the support of the press, people and even layers of the political class was important in overcoming the internal pressures of justice in the fight against corruption. “Citizens could no longer tolerate the atrocities in the judicial system. I liked all this very much. I suffered internally from a lot of wear and tear from my peers. I just didn’t risk it, because I received support from the press, the government ministry and the political authorities themselves. The Senate was very supportive. I just didn’t fall because of it. “
