Judge accused of expelling lawyer with insecticide.

Bahia 247 - The Court of Justice of Bahia (TJ-BA) opened a process this Wednesday (29) requesting retirement due to disability for judge Luís Roberto Cappio, with removal from duties, until the end of the trial of the disciplinary administrative process initiated against him.

Assigned to the district of Euclides da Cunha, in northeastern Bahia, the magistrate was sued for 'lack of civility' towards court staff, lawyers, and prosecutors. According to the president of the Court of Justice, Judge Esreval Rocha, the judge's behavior is unbecoming of a magistrate.

According to the Bahia Notícias website, there are reports that the judge engages in verbal abuse, uses foul language, and even used an insecticide spray (of the SBP brand) to expel a lawyer from his office.

However, the defense of Judge Luís Cappio claims that the TJ's decision to subject him to the examination is "devoid of moral, technical and legal support" and that the determination affects "the image, honor and dignity of the magistrate resulting from his removal from office."

The lawyer also says that Cappio "voluntarily" submitted to the "embarrassing" examination conducted by a psychiatrist. The expert opinion hired by Cappio states that he "does not present any psychopathological signs or symptoms in his history, or as assessed in his mental examination," therefore "he presents normal mental sanity, according to the main criteria of normality."

The opinion also states that the judge, "like anyone else, can become agitated when faced with a particular issue in which he may be more emotionally involved." In light of the medical report, Cappio's defense requested the dismissal of the petition.

In the vote regarding the disability retirement requested by the president of the Court of Justice, Judge Rosita Falcão disagreed with Eserval Rocha, stating that his understanding "contradicts the entire expert report" and that "everything gathered so far is insufficient to initiate a sanity incident."

She says that Cappio sought out the judges extensively to talk and that he is a "lucid young man." "He is an intelligent young man, he doesn't need to go through this humiliation. It makes no sense for him to be subjected to such a process," Rosita defended.

She further emphasized that facts such as those attributed to the magistrate are part of "forensic folklore" and that several judges have done worse things and have not been subjected to sanity investigations.

Eserval Rocha, according to matter From Bahia Notícias, it was reiterated that the judge should be the most interested party in the examination, so that the incident comes to an end, since it is reckless to close the case now and then have some suspicion arise that the judge may have a mental health problem.