Judge Demétrius Gomes Cavalcanti, from the TJDFT (Court of Justice of the Federal District and Territories), is responsible for signing the decision that censors UOL reports about the purchase of real estate with cash by the Bolsonaro family. O UOL complied with the decision, but will appeal.
Cavalcanti was appointed in 2016 as a member of the 2nd instance of the TJDFT –the preliminary decision was taken within the scope of the 3rd Criminal Panel. He also serves as an assistant judge on a commission of magistrates in the TRE-DF (Regional Electoral Court of the Federal District) in the analysis of representations of the Public Ministry.
A TJDFT magistrate said he was surprised by the censorship of the UOL, since the court usually follows the jurisprudence of higher courts against censorship. Despite this, the magistrate – who spoke to the report on condition of anonymity – said he saw Cavalcanti as an “excellent judge”.
For the magistrate, Cavalcanti is technical, without political ties and decides mainly under the letter of the law and less under previous decisions and analytical studies — the so-called jurisprudence and doctrine, in legal jargon.
Change of interpretation. Despite using the publication of confidential information from an investigation as one of the arguments to censor the reports of the UOLthe judge has already had opposite interpretations in similar cases involving investigative matters.
In 2012, Cavalcanti judged several appeals filed by public servants against the website Congresso em Foco — which, at the time, showed that hundreds of employees received super salaries in the Executive, Legislative and Judiciary. As in the reports of UOLthe matters were based on an official investigation, in that case by the TCU (Union Court of Auditors).
In a decision on the case, Cavalcanti understood that “there is no derogatory content or an attack on the personality rights of the author/applicant in the information”.
Also according to him, “any civil servant of the Administration is subject to criticism arising from the exercise of their own public function, so that the simple evocation of the norms that protect intimacy and private life cannot prevail in the face of the right to information and public interest” .
The judge also denied the servers the possibility of compensation for publishing such journalistic content.
Deletion of posts against Damares. Cavalcanti delivered this week —as assistant judge of the TRE-DF— decision in favor of Damares Alves, Bolsonaro’s former minister and candidate for the Senate in the federal capital.
He determined that posts on the Instagram profile “Brasilia sem Damares” be deleted for “negative electoral propaganda with the dissemination of false information”.
“I understand that in the present case, judicial intervention is necessary to stop the offenses in order to preserve the soundness of the electoral process,” he said in the decision.
Cavalcanti also demands that Facebook, responsible for Instagram, hand over the data of those responsible for the account. Today, there was no publication in the profile of those pointed out as offensive by Damares.
Judge grandson release. In 2004, the grandson of the then president of the TJDFT, judge José Jeronymo Bezerra, was arrested for drug trafficking by the Federal Police. On a judicial duty, Cavalcanti ordered the release of Daniel Souza, according to Época magazine. Cavalcanti was Bezerra’s advisor between 1993 and 1994.
At the time, Bezerra denied ethical conflict. ”He [Cavalcanti] always been a workhorse, a worker. I named him because this is not a job for everyone. Only the best are summoned for this”, said the judge to the magazine. “There was no ethical slip or exchange of favors.”
Through the TJDFT intranet, Cavalcanti and judge Luís Gustavo Barbosa exchanged messages about the case. “The fact that I had already been an advisor to the patient’s grandfather did not numb me with suspicion to rule out the analysis of the lawsuit, this because the law was clearly favorable to him, overflowing and overlapping any impediment”, said Demetrius in 2004, according to the newspaper O Globe.
The interlocutor, however, complained, claiming to be the judge of the case. “The natural judgment was already established and, for a matter of two or three hours, there was no reason for a hasty knowledge of the matter, nor for withdrawing from the Specialized Court the analysis of the request for release”, he stated.
Release of suspicion of killing daughter. In December 2021, the judge ordered Laryssa’s release Yasmin Pires, 21, is suspected of killing his daughter Júlia Félix de Moraes, 2. The girl died of asphyxiation and was stabbed twice in the chest at the Agricultural Colony of Samambaia, in the Federal District.
The judge pointed out that there were inconsistencies between the testimonies of the child’s mother and father and the technical evidence produced by experts and released Laryssa using an electronic anklet.
Decision in favor of candidate supported by Lula. On August 24, Cavalcanti denied a request by the governor of the Federal District, Ibaneis Rocha (MDB), to take down Leandro’s publication. grass (PV), candidate for the Federal District government supported by former president Luiz Inácio Lula da Silva (PT).
The Ibaneis coalition claimed that the piece contained fake news about the Iges-DF (Institute of Strategic Health Management of the Federal District). In the publication, grass cites Ibaneis as the “worst governor in the history of the Federal District” and says that he had lied in the last election about the “problem of public health”.
In his decision, Cavalcanti stated that Grass “is not conveying totally untrue information or leading the electorate to a mistaken interpretation of reality.”
Removal of irregular advertising. On the 4th, Cavalcanti ordered the Solidarity party to remove propaganda that linked its candidates for federal deputy to the candidacy of Izalci Lucas (PSDB) to the DF government. The decision was made at the request of the Ibaneis coalition, which pointed out that Solidaridade is not part of the Izalci coalition.
Through the advice of the Federal District Court of Justice, the judge told the UOL who would not comment. “The Judge Demétrius Cavalcanti does not comment on the judicial decision due to legal prohibition, according to Loman [lei da magistratura]. Any questioning regarding the judicial decision must be made within the scope of the process, according to legal rite”, said the court’s advisory.