The president of the Federal Supreme Court and the National Council of Justice, Minister Luiz Fux, ordered the Court of Justice of Mato Grosso do Sul to remove the imperial flag hoisted on the main pole of the court until this Monday (9/6), the eve of the September 7 holiday, which celebrates the independence of Brazil.
The order was given in response to the representation of members of the CNJ against the act of the president of the TJ-MS, Judge Carlos Eduardo Contar, who ordered the hoisting of the flag between 6 and 10 September and publicized the act as a celebration of Independence Day.
The imperial flag was in force from 1822, when the Portuguese royal family arrived in Brazil fleeing the Napoleonic invasions, and 1889, when the Republic was declared. There were two versions, both similar to the current format: green background, yellow diamond and only the absence of the blue circle. The center was occupied by the coat of arms of the imperial house of Brazil.
“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 reduce the symbols of the Federative Republic of Brazil”, said Fux in his decision.
With the decision, the minister determined the referral of the case to the National Court of Justice, to determine any disciplinary responsibility on the part of the president of the TJ-MS. The representation also cites repeated public manifestations of the magistrate with political-party motivations.
In January 2021, when he was sworn in to preside over the Mato Grosso do Sul court, he declared that anyone who recommends social isolation during the epidemic is irresponsible, cowardly and a crook.