Appellate judge is temporarily removed from post after saying women are ‘crazy after men’ in Brazil

Brasil de Fato

On Wednesday (17), Brazil’s Inspector General, Justice Luis Felipe Salomão, decided to temporarily remove from office Appellate Judge Luis Cesar de Paula Espíndola of the Paraná Court of Justice (TJPR, in Portuguese). Espíndola became known earlier this month after saying, during a session, that “women are crazy after men.” The statement came during an analysis of the harassment of a 12-year-old girl.

In ordering the magistrate’s temporary removal, Justice Salomão also opened a disciplinary proceeding against him “for statements potentially prejudicial and misogynistic about an underaged victim.” As a result of the decision, Espíndola must remain on leave until the conclusion of the disciplinary proceeding or until the full National Council of Justice (CNJ, in Portuguese) takes a decision. The council is in recess and will meet again in August.

The decision taken by Justice Luis Felipe Salomão is the result of a complaint filed on June 6 by the Brazilian Bar Association – Paraná against the judge. In the document, the organization demands Espíndola’s precautionary removal and dismissal from the 12th Civil Chamber of the Paraná State Court of Justice. The section is responsible for analyzing lawsuits related to sensitive issues, such as family law, common-law marriage, same-sex marriage and issues involving the Brazilian Statute of the Child and Adolescent (ECA, in Portuguese).

At the time he made the controversial statement, Espíndola also denied the granting of a protective order for the 12-year-old girl, which would have protected the victim from her attacker.

“The judge’s statements are serious. Claiming that ‘women are crazy after men’ and should feel flattered by male attention, as well as that feminist speeches are the result of ‘having no men’, in addition to being discriminatory, also reinforces prejudices, pre-conceptions and gender stereotypes, as if women are dependent on male approval, acceptance and desire,” reads the document.

The Brazilian Bar Association – Paraná also argued that the judge’s behavior violates Resolution 492/2023, which established guidelines for the judiciary when judging on human rights issues, gender, race and ethnicity.

“Such behavior shows not only a high degree of ignorance about Resolution 492/2023 for judgments with a gender perspective, which must be complied with by magistrates and courts, but also reveals a deep disrespect for the most recurring victims of all types of violence: Brazilian girls and women. His professional behavior is not based on facts, data and the law to be based on opinions without normative force. There is no commitment to the duties of the judiciary in his actions, not even with justifications for when he fails to apply and observe the rules in force,” the document adds.

In deciding to temporarily remove the judge, Brazil’s Inspector General said the culture of gender violence “is fostered by misogynistic and sexist beliefs and actions, as well as cultural gender stereotypes. The judiciary must take a vehement stand against acts that trivialize and promote gender violence and any kind of prejudice”.

Luis Felipe Salomão also pointed out that the issue has received worldwide attention and that this year the United Nations, through its bodies, has debated the importance of preventing and punishing cases of gender violence, including in the public sphere.

Da Redação