Nassif: Barbosa has become the "trouble" of the Judiciary.

There is a majority opinion among the general public and a consensus within the judicial system – including judges, prosecutors, and lawyers. The majority opinion among the general public is that the president of the Supreme Federal Court (STF), Joaquim Barbosa, is a hero. The consensus within the legal community is that he is an unbalanced individual who is discrediting the Justice system and, especially, the highest body in the system: the STF.

At the two-day seminar on "Digital Democracy and Justice" – promoted by the GGN newspaper – Barbosa was the dominant figure in the debates and conversations.

Lawyer Antônio Carlos de Almeida Castro, known as Kakai, recalled last week's scene in which Barbosa accused the entire court of engaging in "chicanery"—in legal parlance, trickery to delay trials. The only voice raised in protest was that of the usually silent Teori Zavascki. The others retreated, fearing the vulgarity—the same fear that grips an ordinary citizen in a bar when a drunk or delusional person enters, hurling insults.

***

Today, there is widespread discomfort within the legal community regarding Barbosa's actions.

The Code of the Judiciary prohibits judges from owning businesses or maintaining a business address in official residences. The body responsible for enforcing this prohibition is the National Council of Justice (CNJ). Barbosa is the only exception among magistrates who disobeyed this obligation. At the same time, he is the president of both the Supreme Federal Court (STF) and the CNJ. How can this exception be tolerated?

If a federal judge files a complaint with the CNJ (National Council of Justice) to find out if a general release has been granted, what will the body's response be? And if no complaint has been filed, how can the exception be tolerated?

***

Another sacred principle is that of the natural judge. A judge cannot be removed from a position due to disagreement with their opinions. Barbosa pressured the Federal District Court of Justice to remove the judge from the execution of sentences for those convicted in the "mensalão" scandal, because he disagreed with his conduct.

The Brazilian Bar Association (OAB) filed a complaint with the National Council of Justice (CNJ), not against Barbosa – respecting his position as president of the Supreme Federal Court (STF) – but against the president of the Court of Justice of the Federal District. If the CNJ accepts the complaint, Barbosa will automatically be included. And how can we coexist with a president of the STF who does not respect the law itself?

His disrespect for magistrates' associations, lawyers' associations, and even his own peers has long since gone beyond mere rudeness. For far less, judges have been removed from office by courts for loss of composure.

***

At the close of the seminar, the dean of Brazilian jurists, Celso Antônio Bandeira de Mello, spoke harshly about Barbosa. “Among all the flaws of men, the worst is being evil. That's why I was so angry with the president of the Supreme Court: he is an evil man, not just unbalanced, he is evil.”

In his opinion, the way the media covered Barbosa's escapades called into question the credibility of the media outlets themselves. "How can we believe someone who said Joaquim was the great champion of justice and now it turns out he's unbalanced? Who should we believe?"

***

The fact is that the media spectacle surrounding the AP 470 case created the biggest problem for the Brazilian justice system since the return to democracy.

No one in the field, not his colleagues, not the Ministers who endorsed his votes, not even the media that praised him, has any doubts about his instability and lack of boundaries.

But who would dare to show the nudity of a national comic book hero?