The president of the National Council of Justice (CNJ) and the Supreme Federal Court (STF), Minister Luiz Fux, determined on Monday (6) that the imperial flag be removed from the main pole of the pavilion of the Court of Justice of Mato Grosso do South (TJMS).
The decision considers that the flag is not included among the official symbols of the Brazilian Judiciary Power and also highlights the need to “maintain the neutrality and impartiality of 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”, says Fux in the decision .
Judge Carlos Eduardo Contar ordered the hoisting of the Brazilian empire flag, between September 6 and 10, and publicized the act as a celebration of Independence Day.
“From September 6 to 10, the entrance to the MS Court of Justice will display the flag of the Empire Brazil, hoisted on its main pole, alluding to September 7, 1822, the date of Brazil’s declaration of independence, as a sign recognition of libertarian ideals and respect for the Constitution”, released the TJMS.
The representation of the STF cites “repeated public manifestations of the magistrate with political-partisan motivations, as in the solemnity of his inauguration in the presidency of the TJMS, at the beginning of the year”.
The records will be forwarded to the National Justice Department for determination of any disciplinary responsibility.