CNJ Halts TJRN Desembargador's Swearing-In Amid Defense Appeal

The National Council of Justice (CNJ) has temporarily suspended the swearing-in of Alceu José Cicco as a new desembargador (high court judge) for the Tribunal de Justiça do Rio Grande do Norte (TJRN). This decision, issued on Thursday, February 2nd, follows an appeal filed by the defense of judge Henrique Baltazar. Baltazar had been overlooked for the position by the TJRN Plenary, which was filling a vacancy created by the retirement of desembargador Vivaldo Pinheiro. The TJRN had initially promoted Cicco, who was second on the seniority list, after rejecting Baltazar's promotion based on seniority by a 10-4 vote on Wednesday, February 1st. The CNJ's decision, signed by councilor Jaceguara Dantas, cited potential violations of the right to a full defense. The councilor noted that Baltazar was not given a formal opportunity to present his defense after the vote that led to his rejection, as the grounds for his refusal were presented during the session without prior knowledge. Allowing Cicco's swearing-in could create legal uncertainty if Baltazar's appeal is successful, as any actions taken by Cicco might later be challenged. Therefore, the TJRN Presidency is ordered to refrain from swearing in the new magistrate until a final decision is reached. Henrique Baltazar's defense team stated that the CNJ decision acknowledges their arguments regarding the "censorship of defense and denial of the adversarial principle" during the session. They are seeking for the court to "freely exercise its prerogative of choice, provided it respects the prerogatives of Dr. Henrique Baltazar, judging him on concrete, relevant, and credible facts." The defense also asserted that Baltazar, described as an "exemplary public servant," should be appointed according to the Constitution.