Judge Eduardo Almeida Prado Rocha de Siqueira, of the São Paulo Court of Justice (TJSP), was sentenced to compulsory retirement, the maximum penalty for judges who commit a crime or act in disagreement with their function. The decision was taken on Tuesday 22, by the majority of the members of theNational Council of Justice (CNJ)when voting on the final report of the disciplinary administrative process.
In 2020, during the pandemic, Siqueira was without a mask, when he was approached by municipal guards in Santos, on the coast of São Paulo. The disembargator maintained his posture and refused to wear the mask. According to the press office of the CNJ, account of the administrative process, that the magistrate showed “total disregard for the work of municipal guards” and offended one of the agents, calling him “illiterate” and “guard”.
Afterwards, the judge tore up the fine he received from the guards and called the municipal secretary of Public Security. “This repercussion brings a shock to the credibility of the Judiciary”, said the rapporteur of the disciplinary process, counselor Jane Granzoto, according to the press office of the CNJ. The report also considered the magistrate’s conduct an affront to the Organic Law on the National Judiciary (Loman) and the Code of Ethics for the Judiciary.
The defense claimed that the judge had mental health problems and that the magistrate made a mistake, like any human being, since he was preoccupied with personal situations, such as problems with the children and a separation.
For the counselors, however, regardless of their problems, the magistrate did not maintain conduct compatible with the position.
The counselors unanimously upheld the merits of the disciplinary process to convict the magistrate. As for the penalty, the majority voted with the rapporteur for the mandatory retirement penalty, defeating councilors Marcos Vinícius Jardim Rodrigues and Mário Goulart Maia, who voted for the application of the availability penalty, and not compulsory retirement, in which they will continue to receive their salaries in full .