Jurists question Moraes' decision to investigate judge

Jurists criticized the decision of Minister Alexandre de Moraes, of the Federal Supreme Court (STF), who last Friday (20) ordered the re-arrest of Antônio Alves Cláudio Ferreira , convicted of destroying a clock at the Planalto Palace during the acts of January 8, 2023.

Sentenced to 17 years in prison in a closed regime, Ferreira was placed in semi-open prison by decision of Judge Lourenço Migliorini Fonseca Ribeiro, of the Criminal Enforcement Court of Uberlândia (MG). This decision was revoked by Moraes, on the grounds that the judge did not have jurisdiction to deliberate on the prison regime of defendants whose cases are conducted by the STF. In addition, the minister ordered the opening of an investigation to investigate the conduct of the magistrate.

For lawyer and professor of Constitutional Law André Marsiglia, Moraes could not have revoked the arrest ex officio. "It is settled case law of the STF itself that decisions favorable to the defendant cannot be changed without a request from the Public Prosecutor's Office or without hearing the defendant," he states.

Marsiglia also argues that it is not up to the minister to order the investigation of the judge. "He is not an inspector. At most, he can refer the case for analysis by the inspectorate," he argues.

Lawyer and historian Enio Viterbo points out that this is not the first time that Moraes has ordered an investigation into a judge, and points out contradictions in his stance. "It is ironic that Moraes should order an investigation into a judge who allegedly acted outside his jurisdiction, when Moraes did exactly the same thing with the thousands of defendants involved in the January 8th attacks," he says.

Doctor of Law, Érica Gorga also questions the decision. "Did Minister Moraes, who is not a career judge, become the owner of the Brazilian Judiciary? The judge ordered the release of the individual based on the progression of criminal law. And, for applying the law, the judge is now being investigated, as if he were a criminal?", criticizes the jurist.

Judge claimed good conduct and lack of ankle bracelet

According to the court decision that granted Antônio Ferreira progression to the semi-open regime, he served the necessary fraction to receive the benefit, did not commit any serious offenses and has "good prison conduct". In addition, the man was released without using an electronic ankle bracelet, as the first instance judge alleged that the equipment was not available in Minas Gerais.

In a statement, the Court of Justice of Minas Gerais (TJMG) reported that the General Inspectorate "initiated proceedings to investigate the facts", without directly citing the judge responsible for issuing the release order.