Gilmar Mendes
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His Excellency
Gilmar Ferreira Mendes |
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| Incumbent | |
| Assumed office April 23, 2008 |
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| Nominated by | Fernando Henrique Cardoso |
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| Preceded by | Ellen Gracie Northfleet |
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| Born | December 30, 1955 Diamantino, MT |
Gilmar Ferreira Mendes (born December 30, 1955, Diamantino) is a Brazilian judge, appointed for ministry to the Brazilian Supreme Federal Court in 2002, and in 2008, for president.
Gilmar Mendes graduated with a bachelor's degree in Law from Universidade de Brasília, received his Masters Degree in Law from the same university, a Masters Degree from University of Münster (Westfälische Wilhelms-Universität Münster) in Law with the thesis Presupposed admissibility of the abstract norm control facing the Federal Constitutional Court (Originally: Die Zulassigkeitsvoraussetzungen der abstrakten Normenkontrolle vor dem Bundesverfassungsgericht) and a Ph.D. in Law from the same university with the thesis The abstract norm control facing the Federal Constitutional Court and the Brazilian Supreme Federal Court (Originally: Die abstrakte Normenkontrolle vor dem Bundesverfassungsgericht und vor dem brasilianischen Supremo Tribunal Federal) [1]
[edit] Controversies
The indication of Gilmar Mendes (by the former president of Brazil Fernando Henrique Cardoso) to the Supreme Court has created controversy even before he has taken the position as ministry. What could be restricted to the law circles got a lot of momentum after Gilmar Mendes has given two Habeas Corpus to the convicted banker Daniel Dantas, owner of the Opportunity Bank in less than 48 hours. However, many Brazilian law experts said that all Mr. Mendes did was act according to the highest constitutional principles.
According to the Worker's Party's (Partido dos Trabalhadores - PT) magazine Carta Capital, on its November/2008 edition, Gilmar Mendes used its influence first as General Attorney in Fernando Henrique Cardoso's government and later as member of the Brazilian Supreme Court to elect his brother Francisco Ferreira Mendes Júnior mayor of his birth city, Diamantino. Besides this fact, the magazine describes not only other misuses of Gilmar Mende's political influence, but also the history of the assassination of the student Andréa Paula Pedroso Wonsoski, whose murder was linked to the political dispute in the city[2].
On its number 516, Carta Capital showed that Gilmar Mendes is owner of the Instituto Brasiliense de Direito Público (IDP) - Brazilia's Institute of Public Law - which has signed contracts with some government agencies and won public lendings with friendly conditions. In this instute several of other ministries of the Supreme Court work as teachers, thus creating a conflict of interest in the Court[3].
On 28/04/2009 the ministry Joaquim Barbosa, his colleague on the Supreme Court, has reacted strongly to Gilmar's attempt to disqualify his opinion over a decision of the court, on which he has not taken part due to a medical license. Visibly nervous, Joaquim Barbosa has stated that Gilmar is "destroying the Justice in Brazil", and that Gilmar Mendes is "far from the people on the streets and maculating the image of the Supreme Court". More incisively, he has stated "Ministry Gilmar, you are not talking to one of your henchmen", in clear allusion to the mentioned use of influence in Diamantino. His phrase has created the slogan "Go to the street, Gilmar" that has since been used by some protesters against what they perceive as an intromission of the Court on the executive and legislative powers.[4].
[edit] Notes
- ^ Curriculum vitae. CNPq Lattes System (In Portuguese).
- ^ [1]Carta Capital "Nos Rincões dos Mendes" Ed. 522.
- ^ [2]Carta Capital "Às Favas a Ética" Ed. 516.
- ^ [3]YouTube - Joaquim Barbosa nd Gilmar Mendes argue over a decision of the Court.
[edit] External links
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