Joaquim Benedito Barbosa Gomes
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Joaquim Benedito Barbosa Gomes (; born October 7, 1954) is a former Justice of the
Supreme Federal Court The Supreme Federal Court ( pt, Supremo Tribunal Federal, , abbreviated STF) is the supreme court (court of last resort) of Brazil, serving primarily as the Constitutional Court of the country. It is the highest court of law in Brazil for consti ...
in
Brazil Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
. He served as the president of the court (Chief Justice) between 2012 and 2014. Barbosa studied law at
University of Brasília The University of Brasília ( pt, Universidade de Brasília, UnB) is a federal public university in Brasília, the capital of Brazil. It was founded in 1960 and has since consistently been named among the top five Brazilian universities and the ...
(1979) and holds a master's degree (1990) and a doctorate (1993) from Panthéon-Assas University.Doctorate
/ref> He is a Doctor Honoris Causa of Hebrew University (2015). In 2013, he was elected by ''
Time Time is the continued sequence of existence and events that occurs in an apparently irreversible succession from the past, through the present, into the future. It is a component quantity of various measurements used to sequence events, to ...
'' magazine as one of the 100 most influential people in the world.


Early life and education

Barbosa is the oldest son of a
bricklayer A bricklayer, which is related to but different from a mason, is a craftsman and tradesman who lays bricks to construct brickwork. The terms also refer to personnel who use blocks to construct blockwork walls and other forms of masonry. ...
father and a housewife mother.''VEJA'' magazine, ed. 2024, p. 57 ''(in Portuguese)''. He started his education in the Brazilian public school system in his hometown, later completed in
Brasília Brasília (; ) is the federal capital of Brazil and seat of government of the Federal District. The city is located at the top of the Brazilian highlands in the country's Central-West region. It was founded by President Juscelino Kubitsche ...
.STF website ''curriculum vitae''
'(in Portuguese)''. Retrieved November 23, 2012.
He worked as a cleaner and typesetter before attending
law school A law school (also known as a law centre or college of law) is an institution specializing in legal education, usually involved as part of a process for becoming a lawyer within a given jurisdiction. Law degrees Argentina In Argentina, ...
at the
University of Brasília The University of Brasília ( pt, Universidade de Brasília, UnB) is a federal public university in Brasília, the capital of Brazil. It was founded in 1960 and has since consistently been named among the top five Brazilian universities and the ...
''The Huffington Post''
Retrieved November 23, 2012.
Barbosa studied law at
University of Brasília The University of Brasília ( pt, Universidade de Brasília, UnB) is a federal public university in Brasília, the capital of Brazil. It was founded in 1960 and has since consistently been named among the top five Brazilian universities and the ...
(1979). He holds a Master (1990) and a Doctor (1993) of Laws from DEA - Droit Public Interne - Panthéon-Assas University.


Early career

After graduating from the University of Brasila, Barbosa began working for the Brazilian diplomatic service, Itamaraty, as a chancery official. His first assignment was to
Helsinki, Finland Helsinki ( or ; ; sv, Helsingfors, ) is the capital, primate, and most populous city of Finland. Located on the shore of the Gulf of Finland, it is the seat of the region of Uusimaa in southern Finland, and has a population of . The city' ...
. Barbosa was a member of the Federal Public Ministry and Adjunct Professor at
Rio de Janeiro State University Rio de Janeiro State University (UERJ; pt, Universidade do Estado do Rio de Janeiro) is a public research university in the state of Rio de Janeiro, Brazil. It is one of the largest and most prestigious universities in the country. The universit ...
. He was also a visiting scholar at the Human Rights Institute at Columbia Law School, in
New York City New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
(1999 to 2000), and at
UCLA School of Law The UCLA School of Law is one of 12 professional schools at the University of California, Los Angeles. UCLA Law has been consistently ranked by '' U.S. News & World Report'' as one of the top 20 law schools in the United States since the inception ...
(2002 to 2003). Along with his position at
Itamaraty The Ministry of Foreign Affairs (MRE; pt, Ministério das Relações Exteriores, links=no; literally: ''Ministry of External Relations'') conducts Brazil's foreign relations with other countries. It is commonly referred to in Brazilian media an ...
, he served as a
public servant The civil service is a collective term for a sector of government composed mainly of career civil servants hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leaders ...
for some Brazilian departments, and lately as a public prosecutor of the Public Ministry. Aside from his academic achievements, Minister Barbosa also became fluent in French, Spanish, English and German.


Supreme Federal Court

Barbosa was appointed to the office by President Luiz Inácio Lula da Silva on June 25, 2003, along with Ayres Britto and
Cezar Peluso Antonio Cezar Peluso (born 3 September 1942) is a Brazilian jurist. He was a member of the Supreme Federal Court (in Portuguese: ''Supremo Tribunal Federal (STF)'') and has been the Court's Chief Justice from April 2010 to April 2012 (in Portugu ...
.


Justice

Among many other actions, he is the ''judge rapporteur'' for Criminal Action 470 Spreadsheet with Min. Joaquim Barbosa actions pending
''from STF website (in Portuguese)'' Retrieved November 27, 2012.
(also known as
Mensalão scandal The Mensalão scandal ( pt, Escândalo do Mensalão, ) was a major parliamentary vote-buying scandal by Luiz Inácio Lula da Silva's administration that threatened to bring down his government in 2005. ''Mensalão'' is a neologism, a variant of ...
) and his further development, the Criminal Action 536 (also known as Mensalão mineiro).''Diário do Comércio'' website
''(in Portuguese)''. Retrieved November 27, 2012.
As of November 2012, he has 8,460 actions under his responsibility being processed by the Court. 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.''VEJA'' magazine, ed. 2290, p. 78 ''(in Portuguese)''.


President

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.STF News
''(in Portuguese)''. Retrieved November 19, 2012.
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. 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 Dilma Vana Rousseff (; born 14 December 1947) is a Brazilian economist and politician who served as the 36th president of Brazil, holding the position from 2011 until her impeachment and removal from office on 31 August 2016. She is the first w ...
, Senate President
José Sarney José Sarney de Araújo Costa (; born José Ribamar Ferreira de Araújo Costa; 24 April 1930) is a Brazilian politician, lawyer, and writer who served as 31st president of Brazil from 1985 to 1990. He briefly served as the 20th vice president of ...
, among many other celebrities.O Estado de S. Paulo, November 23, 2012, p. A6. The welcoming speech has been delivered by Justice Luiz Fux.O Estado de S. Paulo, November 23, 2012, p. A8.


Key positions

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.


Controversy

The
Panama Papers The Panama Papers ( es, Papeles de Panamá) are 11.5 million leaked documents (or 2.6 terabytes of data) that were published beginning on April 3, 2016. The papers detail financial and attorney–client information for more than 214,488 ...
revealed that the former
Supreme Court judge A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
paid $335,000 in cash for a condo in
Miami Miami ( ), officially the City of Miami, known as "the 305", "The Magic City", and "Gateway to the Americas", is a East Coast of the United States, coastal metropolis and the County seat, county seat of Miami-Dade County, Florida, Miami-Dade C ...
. The judge denied any wrongdoing.


References

{{DEFAULTSORT:Barbosa, Joaquim 1954 births Living people Afro-Brazilian people Supreme Federal Court of Brazil justices People from Minas Gerais 21st-century Brazilian judges Columbia Law School faculty Paris 2 Panthéon-Assas University alumni Rio de Janeiro State University faculty People named in the Panama Papers