Joaquim Benedito Barbosa Gomes (Portuguese pronunciation:[ʒoɐˈkĩbeneˈdʒitubɐʁˈbɔzɐˈɡomis]; born October 7, 1954) is a former Justice of the Supreme Federal Court in Brazil. He served as the president of the court (Chief Justice) between 2012 and 2014.
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In 2013, he was elected by Time magazine as one of the 100 most influential people in the world.[5]
Early life and education
Barbosa is the oldest son of a bricklayer father and a housewife mother.[6] He started his education in the Brazilian public school system in his hometown, later completed in Brasília.[7]
Among many other actions, he is the judge rapporteur for Criminal Action 470 [11] (also known as Mensalão scandal) and his further development, the Criminal Action 536 (also known as Mensalão mineiro).[12]
As of November 2012, he has 8,460 actions under his responsibility being processed by the Court.[11]
Barbosa suffers from sacroiliitis, an inflammatory disease, which notably makes it uncomfortable for him to remain seated. Barbosa has often been noted for his practice of attending session while standing up.[13]
President
From left to right: José Sarney (then President of the Senate), Dilma Rousseff (then President of Brazil), Barbosa and Marco Maia (then President of the Chamber of Deputies) during the tenure of Barbosa as President of the Supreme Federal Court, November 22, 2012.
He took the office as the acting president of the court on November 17, 2012, because of the mandatory retirement of his colleague Ayres Britto, as he was the current vice-president of the Court.[14] However, he was already the President Elect of the Court as chosen by his fellows in October 2012, keeping the tradition the oldest member not served yet as president to be elected to that position.[8]
Barbosa demonstrates unconditional defense in some questions. He is against the power of prosecutors to file administrative investigations. He argues about transfer the competency to hear cases on slave labor to federal court. Barbosa opposes also the privileged forum for authorities. His tenure start on November 22, 2012 was attended by President Dilma Rousseff, Senate President José Sarney, among many other celebrities.[15]
The welcoming speech has been delivered by Justice Luiz Fux.[16]
Demonstrates unconditional defense in certain administrative matters. It is against the power of the prosecutor to file administrative inquiries, or to preside police investigations. It argues that transfer the jurisdiction to hear cases of slave labor for the federal Justice. Takes the view that dispatching with lawyers should be an exception, and never a routine, to the ministers of the Supreme. Restricts the most of your attention to parts of lawyers, understanding that this liberality of the judge can not lead to inequality. The minister's position, however, is criticized by lawyers and the Bar Association of Brazil (OAB), on the grounds that dispatching with the magistrates is a right of lawyers, conferred by Law 8.906 / 94, whose art. 7, section VIII precepts to be right lawyers, "go directly to the magistrates in the rooms and work offices, regardless of previously scheduled time or another condition, observing the arrival order".The Minister Barbosa says is also against the alleged preferential jurisdiction providing the parties with greater purchasing power ("jump the queue"). The minister's stance has also been criticized for OAB, on the grounds that sometimes emergency situations really justify the reversal of the judgment order. Barbosa opposes also the privileged forum for authorities.
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