Marcelo Bretas, former Lava Jato judge in Rio, is definitely removed by the CNJ

The National Council of Justice (CNJ), a body that supervises the judiciary, decided on Tuesday, 9, definitively dismiss Judge Marcelo Bretas from the 7th Federal Criminal Court of Rio. He was responsible for the proceedings derived from the extinct Lava Jato operation in Rio de Janeiro. The decision was unanimous (13 votes at 0).

The CNJ imposed the former Lava Jato chief in Rio the penalty of compulsory retirement, a more “severe” disciplinary measure provided for in the Judiciary Organic Law. He had been cautiously away since February 2023.

Even outside the functions definitely, Bretas will continue to receive the monthly compensation in proportion to the time he has worked.

The CNJ jointly judged three disciplinary proceedings against the judge. Counselor José Rotondano, rapporteur, stated that Bretas acted as a “justice” in search of “projection” and “self -promotion”.

“So much so that, after raising the title of Lava Jato judge in Rio de Janeiro, he soon sought to invest in the image of defender of society by combating corruption,” criticized Rotondano.

The counselor also stated that Marcelo Bretas used “inquisitive practices” and “spurious procedural strategies” driven by a “longing for protagonism in the justice system”.

“What was seen was a set of practices of a state authoritarianism that subvert the logic of criminal proceedings,” added the rapporteur.

Administrative proceedings were opened from three disciplinary complaints. Bretas was accused by the Brazilian Bar Association (OAB) of negotiating penalties, guiding lawyers, pressuring investigated and combining strategies with the Federal Prosecutor (MPF) in award -winning collaboration agreements. The representation of the OAB was based on complaints of lawyer Nythalmar Dias Ferreira Filho.

Another complaint was filed by Rio Mayor Eduardo Paes (PSD), who accused the judge of using his office to try to harm him in the 2018 election campaign. Excerpts from an award-winning denunciation that hit the then governor candidate were leaked. Paes was defeated in the second round by former judge Wilson Witzel, who did not end his term and was revoked amid allegations of corruption.

The third complaint came from the then CNJ corregedor, Luís Felipe Salomão, after an extraordinary supervision point to “serious deficiencies” of judicial and auxiliary services at the 7th Federal Criminal Court of Rio.