Supreme suspends possession of district presidents

The Supreme Court of Justice (STJ) decided, on the last day of 2020, to suspend the inauguration of the three new presidents of the counties of Lisbon, Lisbon North and Lisbon West, which was scheduled for January 5.

Two judges neglected in the selection process contest the choices made by the Superior Council for the Judiciary (CSM) and requested a precautionary measure. The STJ decided that the chosen ones will not be able to occupy the positions until there is a final decision on the measure.

The contesting judges are Rui Teixeira, made famous by the Casa Pia process, and Marília Fontes. The first competed for the three counties in Lisbon, the second for 15 of the 18 counties to tender. They were passed over in all.

For both judges, the appointments decided by the CSM are illegal, due to irregular voting, violation of the principle of transparency and lack of reasoning, among other reasons. In addition, Rui Teixeira and Marília Fontes contest the fact that the CSM deliberated in the middle of the last training course for presiding judges in the region.

The contestants started by filing a complaint with the CSM, regarding the three counties in Lisbon and Bragança. As it was rejected, they asked the STJ to enact a precautionary measure to suspend the effectiveness of the act of appointing the Board.

The latter contested that request to the Supreme Court, invoking the “manifest and imperative public interest” in empowering the nominees. But this argument was not accepted by the adviser judge Maria Tching, who determined the suspension of the appointments until there is a final decision, by the plenary of the respective Section, on the precautionary measure. However, it excluded the Bragança county, as no applications were submitted during the selection process for this county.

Associated Providence – Rui Teixeira and Marília Fontes presented a related precautionary measure to the STJ, that is, requested by two people.

Decision is up to the section – As it is a related measure, it will be up to the STJ’s litigation section to decide on its merits. You have 30 days to speak.

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