Brazil's National Council of Justice (CNJ) will judge Marcelo Bretas on Tuesday and could remove him from office.
Bretas is being investigated for irregularities in the handling of cases related to the Rio de Janeiro branch of Lava Jato.
Conjur - The National Council of Justice will judge, next Tuesday (February 28), three disciplinary complaints against Judge Marcelo Bretas, of the 7th Federal Criminal Court of Rio de Janeiro and responsible for the cases of the defunct "Lava Jato" operation.
Bretas is being investigated for irregularities in the handling of cases related to the Rio de Janeiro branch of "Lava Jato." If convicted, he could be removed from his position.
One of the requests was made by the Federal Council of the Brazilian Bar Association, based on a report in Veja magazine according to which Bretas negotiated sentences, advised lawyers, and coordinated strategies with the Public Prosecutor's Office. The publication was based on testimony from criminal lawyer Nythalmar Dias Ferreira Filho.
According to the Brazilian Bar Association (OAB), Bretas violated duties of impartiality, courteous treatment of the parties, among others stipulated in article 35 of the Organic Law of the National Judiciary, culminating, even, in disrespect for the prerogatives of lawyers.
The second lawsuit was filed by the mayor of Rio de Janeiro, Eduardo Paes, who alleges that a plea bargain agreement was conducted based solely on information provided by a third party, whose purpose, according to him, was to favor Wilson Witzel's candidacy for state governor in 2018.
The information was also published by Veja magazine. The case concerns the plea bargain of Alexandre Pinto, former municipal secretary of Public Works in Rio, who implicated Paes in a bribery scheme related to the infrastructure plan for the 2016 Olympics. He even admitted that he was not present when Paes allegedly arranged a payment to the construction company Odebrecht.
The current Rio mayor's defense requested access to the plea bargain material, but Bretas, citing confidentiality, denied it. Even so, some excerpts of the testimony were leaked. At the time the plea bargain became public, Paes was leading the polls for Rio's governor. However, Witzel was ultimately elected.
The third disciplinary complaint was filed by the National Justice Inspectorate itself, based on an extraordinary inspection ordered by the inspector general, Minister Luis Felipe Salomão. The CNJ session is scheduled for 14 pm on Tuesday.