Senator Eduardo Braga (MDB-AM) presented this Wednesday (14.ago.20) the report that will support the evaluation of the Senate’s CCJ (Commission for Constitution and Justice) on Judge Kassio Marques, indicated by President Jair Bolsonaro to take over Celso de Mello’s position at the Supreme Court. Read the full text (402 KB).
In the text, the rapporteur highlighted the career of Kassio Marques. When talking about what he called possible “concrete inconsistency”(Leaving this hypothesis in conditional form) in curriculum of Kassio Marques, wrote denying having encountered problems:
“Even if there were any concrete inconsistencies – which did not happen and it is only admitted to argue – this would have little influence on the examination of the constitutional requirements that underpin this Commission on Constitution, Justice and Citizenship.”
Eduardo Braga stated that he did not find “relevant facts“Who could”raise doubts”About legal knowledge or undermining the magistrate’s reputation. He also said that Kassio Marques “Does not need academic degrees to judge according to the Constitution and the laws”.
“The nominee is not a university professor and does not present himself as such. He does not receive additionals and was not promoted because of courses he attended. Nor do you need academic degrees to judge according to the Constitution and the laws. The courses he attended – carried out without prejudice to his jurisdictional functions, it should be noted – are additions of knowledge sought by a restless judge, not the frantic hunt for fulfilling requirements for the exercise of the judiciary ”, said.
The rapporteur’s opinion is not 1 vote, but serves to support the senators’ decision. Marques’ hearing at the Senate CCJ is scheduled for October 21. The final decision will rest with the plenary, by secret ballot. It will take 41 of the 81 senators’ votes to be confirmed.
According to article 101 of the federal Constitution, to assume the position of Supreme Minister, the magistrate must be over 35 years of age, “Remarkable legal knowledge and unblemished reputation”.
On October 6, the newspaper State of S. Paulo published report pointing out alleged inconsistencies in the curriculum. One of the newspaper’s notes was about 1 course held at the University of La Coruña, in Spain. The classes, which lasted 5 days, earned the judge a title of postgraduate in Public Procurement. The report pointed out that the judge published this course in the curriculum as if it were a lato sensu graduate course, along the lines of the specializations available in Brazil.
However, the institution that offered the course stated that the title of postgraduate it could not be confused with Brazilian specializations. Marques presented the certificate of completion of the course. Called “I Euro-Brazilian Public Procurement Course”. The course was taught from September 1st to 5th, 2014.
THE Poder360 contacted the educational institutions to confirm the information contained in the curriculum of Kassio Marques on the TRF-1 website. Read all manifestations on here.
In the report, Senator Eduardo Braga says that the “Inconsistencies” pointed out in the judge’s curriculum were a “semantic confusion”And the explanations presented by Kassio Marques“rule out any speculation about the good faith of the nominee and the health of the curriculum information”. He also says that if there were any concrete inconsistencies, it would influence “very little in examining constitutional requirements”.
Braga also countered criticism of the nomination of Kassio Marques. He stated that “Judging is a priesthood that requires humanistic training, not titles”.
“Judging is a priesthood that requires humanistic training, not titles. It takes honesty, study, social sensitivity, understanding of national problems and, above all, respect for the Constitution’s goals and the space it delimits for each State institution. Possibly part of the breakdown that Brazil has been experiencing in this decade is related to the increasing occupation of institutional spaces of power by theorists who, as kings-philosophers of the Platonian utopia, wish to impose their doctrine on the people and their representatives”, He stated.
The congressman also said that Kassio Marques is “praised by lawyers and prosecutors”And that who“cling to footnotes and between the lines of your bibliographic production“Will despise the example of the judge with the aim of”inflict empty content criticism on you”.
On October 10, when he battled criticism, made even by scholarship holders, President Jair Bolsonaro said that the appointment of Kassio Marques to the Supreme Court had as criterion “affinity”And not just the curricular baggage of the magistrate.
WHO IS KASSIO MARQUES
Kassio Marques, is a judge at the TRF-1 (Federal Regional Court of the 1st Region), was officially indicated by Bolsonaro on October 2 for a vacancy for current court minister Celso de Mello, who retired on October 13.
He was born on May 16, 1972 in Teresina, Piauí. He is 48 years old. If he is approved and takes office at the STF, he can stay 27 years in the chair, until he turns 75 in 2047.
He is Catholic and conservative. It is not in line with Bolsonarist ideas. He was quoted for a seat at the STJ (Superior Court of Justice), but was off the list of nominations for the STF.
The magistrate graduated in law at UFPI (Federal University of Piauí), specialized in tax law and process at UFCE (Federal University of Ceará) and also studied in Portugal, Italy and Spain. He assumed the vice-presidency of the TRF-1 in April 2018. He was an alternate member of the Federal Council of the OAB.
Nunes took office in court on May 12, 2011, after being voted the most on the triple list of the Brazilian Bar Association (OAB). He was appointed by then President Dilma Rousseff (PT) to the position at TRF-1. He is considered one of the most productive judges by his colleagues.
See more opinions by Kassio Nunes:
- 2nd instance prison – “It’s possible? Yes! It is not necessary to wait for the final judgment for the decree of the arrest. In my opinion, the Supreme Court authorized the courts to do so, but did not compel them to do so. […] Given the circumstances of the specific case, the judges may or may not adopt the constrictive measure of freedom. They can understand that it would not be the case of withdrawal in a given case, but not in a discretionary way, let alone automatic ”. read on here.
- Artificial intelligence – “This tool is essential for the courts, especially for those who have repetitive demands […] With the digitized collection, we will be able to use artificial intelligence, significantly lower repetitive demands and allow our magistrates to deal more slowly with singular and more complex issues ”. read on here.
- Productivity – “My advisors and collaborators, all, have a goal. I never bothered, for example, with the arrival or departure time of the servers, but with the fulfillment of your goals ”. read on here.
- Increase in the number of TRFs, judges and court servants – ”I am in favor of any of these measures. Here people are getting sick because they are unable to cope with the demand returned to the Court. We have few judges and servers for the number of cases. Believe me, we have the same server board as 30 years ago, when the court was founded ”. read on here.
- Courts in border regions – “On the one hand, there are those who defend the physical presence of the judge in a border court, due to trafficking in people, animals, narcotics, weapons, etc…. On the other hand, there is a current that argues that the judge is not a National Force nor a Federal Police and that, for this reason, he must remain physically distant to avoid attacks on his dignity or physical integrity. […] But the reality is that most of these Rods have an average of 400 processes, 300 processes. And, in a time of economic crisis, scarcity of material resources and personnel, these issues deserve to be discussed ”. read on here.
- Speed - “I hardly read an entire vote in session; I usually explain the case in two or three minutes. I avoid legal proselytism, and I am not used to producing judicial decisions as if they were scientific articles. […] My commitment is to speed, without losing the correctness of the correct application of the Law ”. read on here.
This report was produced by journalism intern Joana Diniz under the supervision of the publisher Sabrina Freire.