Jeferson Miola avatar

Jefferson Miola

Writer

1289 Articles

HOME > blog

In a judicial dictatorship, it's acceptable for a judge who assaulted a woman to block Lula's candidacy.

"TSE judge Admar Gonzaga anticipated the facts and declared himself against Lula's right to be a candidate in the October election," says columnist Jeferson Miola; last year, the magistrate "was reported in a police report at the 1st Police Station in Brasília for assaulting his wife," he recalls; "The sovereign attributed his wife's black eye to a 'slip on mouthwash.' The insults, offenses, and aggressions uttered against her were, in his version, nothing more than 'misunderstandings.'"

"TSE judge Admar Gonzaga anticipated the facts and declared himself against Lula's right to be a candidate in the October election," says columnist Jeferson Miola; last year, the magistrate "was reported in a police report at the 1st DP of Brasília for assaulting his wife," he recalls; "The sovereign attributed his wife's black eye to a 'slip on mouthwash.' The insults, offenses, and aggressions uttered against her were, in his version, nothing more than 'misunderstandings'" (Photo: Jeferson Miola)

Following the usual practice of the judiciary during the judicial dictatorship, TSE judge Admar Gonzaga preempted events and declared himself against Lula's right to be a candidate in the October election. He was emphatic:

"The TSE (Superior Electoral Court) is the first and only instance for registering presidential candidacies. Not even the STF (Supreme Federal Court) is above it. And Resolution 23.458 of the Clean Slate Law is clear: 'a registration request must be rejected when the candidate is ineligible or does not meet any of the eligibility conditions'. In other words, it will be up to the TSE minister to not validate the registration as soon as they receive it." [newspaper Value as of 22/5/2018].

From this sovereign's perspective, constitutional rights and guarantees [such as the right to vote and be voted for] are suppressed, and no one – not even the Supreme Court or God – is above him and the Superior Electoral Court to decide otherwise. After all, “The TSE is the first and only instance.".

Admar Gonzaga, appointed by Michel Temer in March 2017 to the position of judge at the TSE (Superior Electoral Court), was reported in a police report filed in the early hours of June 23 of that same year at the 1st Police Station in Brasília for assaulting his wife.

At the time, the monarch attributed his wife's black eye to a "slip on mouthwash." The insults, offenses, and aggressions directed at her were, in his version of events, nothing more than "misunderstandings."

According to the Maria da Penha Law, enacted by Lula in 2006,Domestic and family violence against women is defined as any action or omission based on gender that causes death, injury, physical, sexual or psychological suffering, and moral or patrimonial damage.".

The law states that “Domestic and family violence against women constitutes one of the forms of violation of human rights.” [article 6], and establishes as a penalty the “detention, from 3 (three) months to 3 (three) years” [article 44].

Because he has parliamentary immunity, Admar Gonzaga is being investigated by the Supreme Federal Court – ironically, the same judicial body that denies Lula the right of access guaranteed by the Constitution.

For now, however, Admar Gonzaga remains free, light, and loose, exercising the highest function of electoral justice [which shouldn't even exist] and, on top of that, violating the rights of others.

In the Globo-Lava Jato dictatorship, the law is not used to deliver justice; it is used as a weapon against Lula by aggressors against women who lack the legitimacy and decorum to hold the office of judge.

Admar Gonzaga, in addition to being ethically and morally barred from acting as a judge, judged Lula prematurely [in a public setting, outside of the official proceedings], thus also becoming ineligible to participate in any judgment when the matter is raised before the TSE (Superior Electoral Court).

* This is an opinion article, the responsibility of the author, and does not reflect the opinion of Brasil 247.