Among the celebrations of the proclamation of the Republic, a historic event with dubious intentions, homage to the very republican habits of the authorities has already gained a firm place. Instead of separating the public from the private, invite them to dance.
Every magistocrat strives for a good life. Good life, not exactly in the ethical and republican sense. To achieve this good life, a beneficial publicprivate partnership has been established. Relatives, lectures and trinkets summarize the PPP of the magistocracy. He devised a whole repertoire of disguised escapes from the law, a technology of illegality, to implement his PPP.
Let’s start with the relatives. A root magistocrat lives for “family above all.” There are many ways to enrich the dynasty. While the STF is proud of its binding precedent against nepotism, it turns a blind eye to other forms of parenting.
For example, the STF ruled this year that a rule that prohibits ministers from adjudicating the case of a company that is a customer of a close relative is unconstitutional. On the pretext that the regulation was too strict and difficult to implement, it decided to repeal it instead of giving it an adaptive interpretation that at least protected the essentials and was easy to apply.
This way no one is hindered: if the priest is a father, hire his son; If you are a husband, hire the wife. If it’s a brother, hire the sister. The court door becomes more familiar, even if there are additional fees (the relative’s fee). There is no conflict of interest or corruption. There are only the privileges of a special kind of lawyer, the privileges of family ties.
Every magistocrat wants a bright future for his children. That’s why he doesn’t shy away from helping his son start his career. For hardworking children who pass the exam, they help with promotion. Noncompeting children are offered direct access to the second instance court. Even the STF minister has already spoken up for his daughter. He simply didn’t open the practice.
There are also invitations to “give lectures” and “attend lectures”. Usually in glamorous places where you can drink the best wine and enjoy tranquil landscapes. Under the “sponsorship” of the most powerful economic actors in the country with a keen interest in legal proceedings at all levels. It takes place every year in Lisbon. Or on an island in the Mediterranean.
We know nothing about direct compensation for the service (since the CNJ rejected a proposed resolution that would mitigate the indecency and provide some transparency). We understand that there is indirect compensation (converted into hotel rates, air transportation and other benefits for you and your family).
There is no conflict of interest or corruption. There is only the prerogative of judges to attend “lectures,” a fancy name for a practice that the Constitution prohibits.
Everything is very wrong so far, but only very wrong with private money. There is nothing left for less influential magistocrats who do not open doors to their relatives or receive invitations to “lectures.”
“Penduricalho” is a fancy name for payments that multiply income. Some are legitimate and legal. Others not at all. In this low policy for pay increases that exceed the cap, selling vacation time, creating extravagant extras (e.g. a jacket allowance), and classifying them as mere “compensation,” not remuneration, are possibilities. Judges in administrative positions may also be granted “compensatory leave in the ratio of three working days to one day of vacation,” according to the CNJ’s approval.
When Luís Roberto Barroso made proposals to improve the country’s economy, he also included the fight against “prejudice against business people” on his list. It is time that we too confront the prejudices against magistocrats. Because disregard for the law is not evidence of the quality of character. The good magistocrat has virtue. A license to keep legality under the rug.