Understand what could happen to the 2,000 cases of the judge fired for copying decisions in RS

"The facts are old and the legal proceedings have already been reviewed and corrected by the judges who succeeded the magistrate," said the Court of Justice of Rio Grande do Sul, in response to g1 .

Angélica was sworn in in July 2022, but had been on leave since September 2023 due to disciplinary investigations. She was dismissed because she was still on probation .

According to jurist and professor at the UFRGS Law School, Bruno Miragem, decisions can only be changed if there is an appeal , as in any process.

"It doesn't appear to be a case for annulment. The decisions were made and are valid. They can be modified by the interested party who disagrees with them, through an appeal within the timeframe provided for by law," he states.

According to the Administrative Disciplinary Proceeding (PAD) that resulted in the dismissal, the judge unarchived cases and issued new decisions —copied copies—to "increase productivity." According to Miragem, this practice is not usually done on the judge's initiative , and the situation rarely occurs .

The judge's defense claims that it disagrees with the sentence and has filed a Disciplinary Review Request with the National Council of Justice (CNJ). It also claims that the judge was assigned to a court that had been without a judge for years, with a backlog of cases and no structured routines .

The dismissal was signed on July 3 by Judge Alberto Delgado Neto, president of the Rio Grande do Sul Court of Justice (TJ-RS). The decision was taken by the Special Body of the Rio Grande do Sul Court of Justice (TJ-RS) in February and confirmed in May of this year, when the Administrative Disciplinary Proceedings (PAD) became final and binding.

"There are a series of duties set out in the Organic Law of the Judiciary. Among these duties is the duty of accuracy . The judge has a functional duty to examine the facts of the case, the evidence produced, and to decide based on that evidence. This alone ensures that there cannot be absolutely identical mass-produced decisions," he adds.

The defense expresses deep respect for the Court of Justice of Rio Grande do Sul, but vehemently disagrees with the penalty imposed on Judge Angélica Chamon Layoun, considering it disproportionate, legally flawed and lacking proof of intent or bad faith, elements essential to the configuration of a very serious functional misconduct.

We clarify that no internal appeal is admissible within the scope of the TJRS. Therefore, a Request for Disciplinary Review was filed with the CNJ, where the proportionality of the sanction and flaws in the disciplinary proceedings are discussed.

As this is a confidential case, it is not possible to comment on the full content of the case file or the arguments presented in the disciplinary review petition.

Notwithstanding this limitation, it should be clarified that the judge was appointed to a civil court that had been without a judge for years, had a large backlog, and a consolidated culture of self-management, lacking structured routines. In this context, she sought to correct operational flaws, reorganize the process flow, and promote administrative improvements, facing internal resistance that ultimately served as a catalyst for disciplinary proceedings.

In addition to the challenges inherent to a disorganized unit, the judge faced additional difficulties arising from veiled discrimination, as she was from another state, a woman and the mother of a three-year-old child at the time, diagnosed with autism spectrum disorder (ASD).

Balancing professional duties and caring for a child with special needs represents an additional challenge that any mother who is a judge can understand.

Any errors or operational failures, which are natural during the probationary period and aggravated by difficulties in adapting to complex digital systems, cannot justify the severity of the disciplinary measure applied.

The General Inspectorate of Justice should have prioritized pedagogical and guidance measures, rather than extreme punishments, especially when there is no bad faith, harm to the parties or violation of morality.

This case raises important reflections on how the judiciary deals with the specificities faced by female judges, especially those who exercise motherhood simultaneously with their judicial function.

The situation experienced by Judge Angélica could happen to any woman who faces the challenges of the double professional and maternal journey in the exercise of the judiciary.

The judge's actions were guided by good faith, commitment to public service and functional transparency.

It is trusted that the CNJ will be able to evaluate the case impartially and in-depth, ensuring respect for due process, the proportionality of the sanction, and the guarantees of the national judiciary.

NILSON DE OLIVEIRA RODRIGUES FILHOOAB/RS 121.624

PEDRO HENRIQUE FERREIRA LEITEOAB/PR 60.781

LAWYERS OF JUDGE ANGÉLICA CHAMON LAYOUNMEDINA OSÓRIO LAWYERS