Judge requests Eliana Calmon's removal from office.

By Frederico Cursino
Counsel - A formal complaint submitted this Monday (October 7th) to the National Council of Justice requests the opening of administrative proceedings against Minister Eliana Calmon, of the Superior Court of Justice, for statements made to the press regarding her possible candidacy in the upcoming elections. The request also includes a preliminary injunction to prevent the minister from expressing her candidacy or participating in political-party activities while serving as a magistrate.

Authored by Judge William Roberto Campos of the São Paulo Court of Justice, the petition requests that Eliana be removed from her position if it is proven that she has positioned herself as a candidate for the Senate, as suggested by reports published on various websites. The request is based on Article 26 of the Organic Law of the Judiciary—which mandates the loss of tenure for judges who engage in political party activity—and Article 95, item III, of the Federal Constitution, which prohibits judges from engaging in political activities.

The request submitted to the CNJ (National Council of Justice) includes excerpts from interviews given by Eliana Calmon. According to the complaint, the minister allegedly "openly" expressed her candidacy in statements such as "it's difficult to find good candidates, because everyone has a criminal record" or that she was, as the texts suggest, "anxious for the registration of the Rede Sustentabilidade party to be accepted, as she would be a candidate for the Senate under its banner."

Contacted by the online magazine Consultor Jurídico, the minister responded, through her press office, that she never declared herself a candidate. She further stated that she only mentioned having received invitations from five parties, but, as she did not join any party, she could not be accused of engaging in partisan political activities.