Documents rule out participation of judge in trial cited in complaint to the CNJ

The magistrate's name appears among the judges mentioned in the complaint presented by the farm's owners. However, documents gathered by the defense demonstrate that she did not act in the trial, did not vote, did not report and did not participate in the deliberations related to the process.

According to the statement presented, the inclusion of the judge's name resulted from a material error in the heading of the ruling referring to the Interlocutory Appeal judged on December 4, 2018, a circumstance that would have led to its mention in the disciplinary complaint.

"I did not participate in the aforementioned vote, I did not participate in this trial and I do not have the slightest involvement, direct or indirect, in the decisions of the case. The complaint only mentions me as a member of this trial, which is irresponsible, since the session was public and we have the video that highlights this error by the complainants", stated the judge.

The Disciplinary Complaint deals with a dispute involving the possession and ownership of Fazenda Eldorado. The conflict arose from a purchase and sale contract signed in 2012 and, over the years, was the subject of several lawsuits, appeals, embargoes and decisions handed down by the Court of Justice of Mato Grosso (TJMT). The complainants maintain that there were contradictory decisions and omissions during the processing of the case.

Among the elements presented by the defense is the official recording of the trial session, made available on the TJMT YouTube channel. The images show that, at 37 minutes and 27 seconds, the judge leaves the plenary after the end of the consideration of the processes that were part of her agenda.

The process mentioned in the complaint only began to be analyzed when the session reached 2 hours, 5 minutes and 21 seconds, at which point the judge was no longer present.

In addition to the recording, a certificate issued by the Coordination of Magistrates of the TJMT informs that no call for judge Serly Marcondes to form the quorum of the First Chamber of Private Law in that session was found, nor was there a record of appointment to act specifically in the case in question.

The minutes of the session also do not record a vote, report or any participation by the judge in the trial indicated in the disciplinary complaint.

The judge also highlighted that the presentation of these documents aims exclusively to clarify his lack of participation in the case, without any statement on the merits of the allegations made against the other judges mentioned.

"I emphasize that presenting this irrefutable evidence that I do not participate in this process is not, in any way, making a value judgment, validating or imputing that the complaint presented against the others mentioned is real or reliable. This is just an initial complaint petition. It will be solely and exclusively up to the National Council of Justice (CNJ), in its constitutional competence, to carry out the reception, rigorous investigation of the facts and technical analysis to decide whether or not the complaint should prosper in relation to the facts narrated,” he stated.

The conclusion, then, was that the documentary investigation indicates that the judge did not integrate the judgment mentioned in the disciplinary complaint, a circumstance corroborated by the administrative certificate, the minutes of the session and the official recording made available by the Court of Justice of Mato Grosso.