Lava Jato: CNJ has two votes to remove judge Gabriela Hardt from office for two years

Validation took place in 2019, when the judge was at the 13th Federal Court in Curitiba, responsible for Lava Jato processes. Currently, Gabriela works at the 23rd Federal Court in Curitiba. The availability penalty is the second most serious sanction provided for in the Organic Law of the National Judiciary (Loman). The magistrate is removed from office, but continues to receive a proportional salary and is prohibited from exercising other functions, such as law or public office. The rapporteur considered that there was a lack of caution on the part of the judge who approved the agreement in less than 48 hours, without the prudence due to a magistrate. For Badaró, Lava Jato actors lacked the ability to maintain critical capacity. "Nobody wants to demonize the interest of recovering money for Brazil, but our obligation here is to verify whether the judge at that moment should have been more careful, delved deeper into the issue, should have notified the parties, consulted bodies." The counselor said that there is no evidence that Hardt acted for his own benefit. "At no time am I dealing here with any note that had a deviation of values, an intention to obtain one's own benefit or that of third parties. In this specific case, I am placing a charge that invades the judge's virtue or seriousness of any conduct that was intended to obtain one's own advantage." Deputy Attorney General of the Republic José Adônis Callou de Araújo Sá defended the rejection of the disciplinary process. The representative of the Public Ministry stated that there are no elements that justify a punishment. José Adônis said that Hardt only approved the agreement for the creation of the foundation, but that it did not generate any developments. The deputy attorney admitted that the idea of ??a foundation was classified as a bad idea not because it was illegal, but because it made an extensive commitment. "The judge signed an act, she did not create a foundation and challenge that points out to me an act of movement of values ??by decision of the judge. What was the act that generated movement of values? These values ??were only moved by decision of the STF. Incompetence cannot lead to disciplinary proceedings." The judge's defense stated that an annulled judicial decision cannot justify the opening or punishment of a disciplinary process and that the proposed availability penalty represents a risk of emptying the criminal judiciary, as it limits judicial independence. Judge Gabriela Hardt, who worked at Lava Jato Eduardo Matysiak/Futura Press/Estadão Conteúdo