DEFENDING THE CONSTITUTION CAN NOT INCRIMINATE MAGISTRATES

NOTE OF THE JUDGES ASSOCIATION FOR DEMOCRACY.

DEFENDING THE CONSTITUTION CAN NOT INCRIMINATE MAGISTRATES.

The Judges.Association for Democracy, non governmental entity without corporate purposes, whose statutory purpose is the absolute respect and unconditional to the values of the rule of democracy, publicly express concern regarding that police actions taken against the judge of the state of Amazonas Luis Carlos Valois, on last June 9, as follow.

The judge Luis Carlos Valois has over the years made important judicial work in ensuring human rights, especially in relation to an absolutely excluded portion of the population, which is the one that packs the prison system of the country. His posture is not new and nor directed especifically to either custody. It is permanent and consistent approach to the principles of prevalence of civil liberties on a police state that despite the guaranties provided for the federal constitution of 1988 has shown worrying growth, symbolized by the fact that Brasil has reached the position of fourth largest prison population in the world.

This same approach is adopted in the academic activity of Luis Carlos Valois. The PhD in criminal law which won in the University of São Paulo also focused on the defense of public freedoms essential to any democratic state, seriously threatened by irrational war on drugs, discussed in the thesis published.

Unfortunately, in full democracy, many still sighted strangely judges who have the courage not to join criminal populism; who prefer the freedom of the arrest; who oppose the treatment of social issues as a police case or overseeing, with the rigor required by the current constitution, the punitive activity of the state. Therefore, the Judges Association for Democracy hopes that the police action of search and seizure, which occured on June 9, 2016, on the judicial authority in question, has not been taken on the basis of his libertarian positions. The defense of public freedoms is constitutional duty assigned to any judge, can not serve as a support over or hidden, to make a suspect or incriminated.

As found in other published documents, the Judges Association for Democracy reiterates that judiciary adapted to the constitution is the judiciary that accepts pluralism of ideas to improve the proper functioning of the courts.

The free debate and differing opinions, externalized in judicial decisions, represent democratic demands.


São Paulo, June 10, 2016.

The Judges Association for Democracy