Fux suspends judge Gabriela Hardt's removal in preliminary decision
STF minister pointed to statute of limitations and lack of intent in punishment applied by CNJ for acts in Operation Lava Jato
TL;DR
- Justice Luiz Fux of the Supreme Federal Court (STF) suspended the sanctions against Judge Gabriela Hardt, imposed by the National Council of Justice (CNJ).
- The sanctions included Hardt's removal from office and salary reduction, related to her actions in the former Operation Lava Jato.
- Fux cited the expiration of the statute of limitations as a primary reason for granting the preliminary injunction.
- The minister also noted the lack of evidence that Hardt acted with intent to commit irregularities or gain personal benefit.
- The decision aims to protect judicial independence, arguing that punishing judges for their decisions, even if later overturned, undermines the judiciary's autonomy.
- The CNJ had sanctioned Hardt for her role in validating a settlement that allocated significant funds to a private foundation.
- The case is pending a final judgment by the STF plenary.