30
Paraná a mandado de segurança against Judge Khater, requesting the suspension of the
telephone interceptions and the destruction of the recorded tapes.103
108. On April 5, 2000, the Court of Justice ordered the extinction of the mandado de
segurança without ruling on its merits, considering that the interceptions had ceased and
that the action had therefore lost its purpose.104 Consequently, the authors of this action
filed embargos de declaração, in order to clarify the omissions in the judgment, in particular
the failure of the Court of Justice to rule on the request for destruction of the tapes.105
109. On June 7, 2000, this recourse was rejected based on the argument that this
request could only be examined if the merits of the mandado de segurança had been
examined and that, since the latter had extinguished without an examination of the merits,
there were no omission in the judgment.106 The presumed victims did not file other
remedies and the decision of the Court of Justice became final on August 28, 2000.107
c) Administrative proceedings
110. On November 17, 1999, an administrative complaint was filed against Judge Khater.
It was processed under case file No 1999.118105 and, among other matters, it referred to
the judge’s conduct in the context of the monitoring petition.108 On September 28, 2001,
the Corregedoria-Geral da Justiça (Judicial Administrative Department)109 decided several
administrative complaints filed against Judge Khater, including the one relating to the
instant case.110 The Corregedoria-Geral considered that the “matter was assessed during
criminal investigation No. 85516-2 and the decision […] understood that the offenses of
usurpation of public functions, abuse of authority and responsibility with which [Judge
Khater] and others had been charged had not been committed” and ordered that the case
be closed.111 Subsequently, responding to the recommendations of the Inter-American
Commission’s Report on Merits No. 14/07, the Special Human Rights Secretariat of the
Presidency of the Republic sent the case to the National Council of Justice for review.112 The
latter rejected this request, because it understood that “the criminal action had dealt with
the matter […] and had not left any [aspect pending] for proceedings by the judicial
administrative body, and there was an evident lack of interest in this proceeding.”113
103
Cf. Record of the registration and opening of the procedure of Mandado de segurança No. 83,486-6, supra
note 23, folios 1007 to 1018.
104
Cf. Decision of the Court of Justice of the state of Paraná of April 5, 2000, in the context of mandado de
segurança N° 83,486-6 (file of attachments to the application, tome I, attachment 7, folios 93 and 94).
105
Cf. Brief of April 26, 2000, filing embargos de declaração (file of attachments to the pleadings and motions
brief, attachment 2, folios 1181 to 1183).
106
Cf. Decision of the Court of Justice of the state of Paraná of June 7, 2000, in the context of embargos de
declaração No. 83,486-6/01 (file of attachments to the pleadings and motions brief, attachment 2, folios 1192 to
1199).
107
Cf. Certification of the Court of Justice of the state of Paraná of August 28, 2000 (file of attachments to the
answer to the application, tome I, attachment 7, folio 2123).
108
Cf. Decision of the Corregedoria-Geral da Justiça of September 28, 2001 (file of attachments to the answer
to the application, tome V, attachment 21, folio 3195).
109
3198.
Cf. Decision of the Corregedoria-Geral da Justiça of September 28, 2001, supra note 108, folios 3194 and
110
Cf. Decision of the Corregedoria-Geral da Justiça of September 28, 2001, supra note 108, folio 3198).
111
Cf. Decision of the Corregedoria-Geral da Justiça of September 28, 2001, supra note 108, folio 3195.
112
The National Council of Justice (Conselho Nacional de Justiça) is the constitutional organ with competence to
supervise the administrative and financial aspects of the Judiciary, as well as due compliance by judges with their
institutional duties. Brief of the State with final arguments (merits file, tome IV, folio 1802).
113
Cf. Opinion of the Conselho Nacional de Justiça of May 30, 2008 (file of attachments to the answer to the
application, tome VIII, attachment 25, folio 3694).
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