CNJ receives four complaints against SC judge

The CNJ (National Council of Justice) received, until the afternoon of this Wednesday (22), four complaints against Judge Joana Ribeiro Zimmer. She was accused of inducing, as shown in a hearing video broadcast by The Intercept and Portal Catarinas websites, an 11-year-old child, pregnant with a rape, not to have an abortion.

If the complaints are upheld, the judge may be removed and, if convicted, compulsorily retired, the agency said to universe. The investigation is in charge of the National Justice Department, part of the CNJ, which will investigate only the magistrate’s conduct – such as the lack of decorum and honor with the position – will be analyzed. Regarding decisions on the abortion request process, the responsibility lies with the Santa Catarina Court of Justice. All proceedings against the judge at the CNJ are processed in secrecy.

Now, the rapporteur of the proceedings, in this case the minister of the STJ (Superior Court of Justice) Maria Thereza de Assis Moura, national inspector, will assess whether the seriousness of the case requires removal.

The minister must present a report on the need to open an administrative disciplinary process. If she understands that the case should be opened, she can also ask the judge to leave before the trial. The opinion will be voted on by all 15 councilors. The removal in a case like this, informed a source of the agency, is a very common decision.

Once the procedure is opened, the investigation, with the judge’s right to full defense, should last about six months.

There are six penalties that can be applied to magistrates when there are misconduct: warning, censure (a magistrate punished with censorship cannot be on the merit promotion list for one year), compulsory removal (transfer to another district in a mandatory way), availability , compulsory retirement (the most serious of the disciplinary penalties applicable to judges for life) and, finally, dismissal (which can only be applied to judges with less than 2 years in office).

On Friday (17), Zimmer was transferred from the region of Tijuca due to a promotion. With that, she dropped the case. The TJ-SC reported that promotion is a “routine event in the career”, in which magistrates periodically apply for promotion or removal, which are authorized if legal requirements are met. There is no prediction that she could lose the promotion because of the repercussion of the case.

“It is important to establish the timeline to make it clear that the aforementioned promotion took place on June 15th, while the knowledge of the fact alluding to the aforementioned process by the TJ-SC Administration, occurred through a journalistic article on the 20th” , punctuated the organ.

In addition to the complaints in the CNJ, several petitions were organized by civil society. Coletivos Juntas, for example, mobilized signatures over the internet to remove the magistrate. As of the publication of this text, 268,000 people had signed the online protest.

After the repercussion of the case, Zimmer said in an interview with Diário Catarinense that he is not against abortion. She rebutted the criticism she has suffered and said she doesn’t want to expose the girl. “For consistency, I prefer to be accused of everything, but the girl is preserved. It is very cowardly for me to want to defend myself, I have a thousand things to defend myself, but it is very cowardly for me to try to defend myself and expose the girl, the girl’s mother, the family. So I prefer to bear this pressure alone”, said the magistrate.

understand the case

Judge Joana Ribeiro Zimmer, from the State Justice of Santa Catarina, induced, in a hearing, the 11-year-old girl, a rape victim, to give up having a legal abortion. The story was revealed on Monday (20), in a report published by The Intercept Brasil and Portal Catarinas.

In videos published by the report, the judge tries to convince the girl to continue with the pregnancy, even with clear answers from the victim that she did not want to. She even told the child that the pregnancy would need to continue so the baby could be put up for adoption.

The mother sought medical support when she discovered her daughter’s pregnancy, when she was 22 weeks old. At the hospital, the statement was that a court authorization would be required. When seeking justice, both the abortion was denied and the girl was removed from the family and placed in a shelter, causing the procedure to not be performed. Zimmer even claimed that abortion after that deadline “would be a warrant for murder.”

After the case came to light, the TJ-SC (Court of Justice of Santa Catarina) released, through a note, that the General Corregedoria of the body filed a request for analysis of Zimmer’s conduct.

Access to legal abortion is authorized in Brazil in three situations: when the pregnancy is the result of rape, when it poses a risk to the life of the pregnant woman and in case of fetal anencephaly — the latter added by the Federal Supreme Court (STF) in 2012.

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