The decision is challenged in a letter sent to the plenary of the CSMJ with the title "Complaint of the act of the president of the CSMJ indicating judicial magistrates for training attendance", made public and to which Lusa had access this Tuesday.
The EYA says it found, after an extraordinary meeting that examined the matter, that the act of the president of the Supreme Court and, by inherence of functions, of the CSMJ, Joel Leonardo, "is not anchored and makes no mention of the act of the plenary of the CSMJ in which that indication had been dealt with.
Thus, the JSA considers that the decision "not only calls into question the individual interests of other judicial magistrates interested in the training, but also discredits the image of the judiciary, whose actions must be guided by the strict criteria of legality, objectivity and transparency".
In a letter recently made public, the CSMJ's Presiding Judge Counselor, Joel Leonardo, sent the Attorney General a nominal list of six judges for training in Portugal.
Daniel Modesto Geraldes, Antónia Kilombo José Damião, Joaquim Fernando Salombongo, Pedro Nazaré Pascoal, Amélia Jumbila Isaú Leonardo Machado and Nazaré Sílvio Inácio António are the judges nominated for the said training.
For the EYA, the office contains "strong indications of lack of legality", in that it "not only makes no mention of the existence of any resolution of the plenary of the CSMJ", but also "does not point out the criteria" that led to the appointment of judges.
The president of the CSMJ, notes the EYA, has its own competencies, and may also have competencies delegated by the plenary, in accordance with the law, noting, however, that this decision "does not fall within the scope of its own competencies or those that may be delegated to it.
Therefore, the JSA requests the Plenary of the CSMJ to "immediately revoke" the act of the President of the CSMJ, "because it is illegal, without prejudice to coming to action, within no more than 72 hours, the judicial mechanisms necessary for the suspension and subsequent challenge" of the decision.
In this letter, dated December 21, 2020 and signed by the president of the EYA, Adalberto Gonçalves, the association also claims to have urged, last April, the president of the CSMJ to take the necessary steps to ensure that the actions of the different bodies comply with the legal framework.
