The plenary of the National Council of Justice (CNJ) removed Judge Marcelo Lima Buhatem for 60 days, from the Rio de Janeiro Court of Justice, for the publication of partisan political messages on social networks. By decision, Buhatem is available, removed from his duties, but continues to receive salaries proportional to the length of service.
The judge, who responded to disciplinary administrative proceedings for possible infractions, was accused of influence trafficking, irregular process stoppage and not communicating suspicion in proceedings where a family member worked as a lawyer. However, the rapporteur of the case, advisor Alexandre Teixeira, defended punishment only to party-political publications, understanding that there is no evidence of unlawful conduct in other accusations.
Buhatem has several times shared publications supporting former President Jair Bolsonaro on his profile on the LinkedIn network. In addition, as reported by the press, the judge appears in a photo, having dinner with the former president and his entourage during a trip to Dubai. He also sent a message to a transmission list on WhatsApp associating President Luiz Inacio Lula da Silva with the criminal faction Comando Vermelho.
According to the defense of the judge, he only “enjoyed” institutional posts made by then President Jair Bolsonaro, “without weaving personal manifestation about the content of publications on social networks.” The CNJ plenary understood, however, that the messages had a great reach and fostered social distrust about the justice, security and transparency of the elections.
The rapporteur of the lawsuit voted for the removal for 90 days, but most counselors decided to reduce the penalty to 60 days, following the punishment applied in similar cases. The judgment of the vote points out that “the messages disclosed by the judge in their profiles on social networks characterize improper publicity of political party preference, improper conduct, under the terms of the Federal Constitution and other legal and regulatory rules that discipline the duties of the judiciary”.
