The hoisting was determined by the president of the TJMS, Judge Carlos Eduardo Contar. According to a note from the local court, the historic flag was raised as a tribute to the 200th anniversary of Brazil’s independence, which will be commemorated in 2022.
Fux’s decision responded to a request from board members. Information on the judge’s conduct will also be sent to the National Court of Justice, for the investigation of any disciplinary infractions.
According to the decision, the flag is not among the official symbols of the Brazilian Judiciary. It is also not compatible with maintaining neutrality and impartiality by the local court.
“The maintenance of the reported situation tends to cause confusion in the population about the constitutional and institutional role of the Judiciary, as the Court of Justice of Mato Grosso do Sul intends to diminish the symbols of the Federative Republic of Brazil”, wrote Fux.
According to the TJMS note, the flag of the Brasil Império brings meanings related to the monarchic period.
“Green refers to the House of Bragança, dynasty of Dom Pedro I, the first emperor of Brazil. The yellow refers to the House of Habsburg, dynasty of Dom Pedro’s first wife, Empress Dona Leopoldina”, he says.
The exhibition, also according to the TJMS communiqué, alludes to September 7, 1822, the date of Brazil’s declaration of independence, and was placed “as a sign of recognition for libertarian ideals and respect for the Constitution”.