Gilmar Mendes
Gilmar Ferreira Mendes | |
|---|---|
 | |
| Chief Justice of Brazil | |
| In office April 23, 2008 – April 23, 2010 | |
| Nominated by | Fernando Henrique Cardoso |
| Preceded by | Ellen Gracie Northfleet |
| Succeeded by | Cezar Peluso |
| Personal details | |
| Born | December 30, 1955 Diamantino, MT |
Gilmar Ferreira Mendes (born December 30, 1955, Diamantino) is a Brazilian Justice of the Supremo Tribunal Federal (Brazilian Supreme Federal Court), since being appointed by then President Fernando Henrique Cardoso in 2002. Mendes was also the Chief Justice for the 2008-2010 term and the Solicitor-General from 2000 to 2002.
Mendes graduated with a bachelor's degree in Law from University of Brasília, received his Masters Degree in Law from the same university, another Masters Degree in Law from University of Münster (Westfälische Wilhelms-Universität Münster) with the dissertation "Presupposed Admissibility of the Abstract Norm Control in the Federal Constitutional Court" (Die Zulassigkeitsvoraussetzungen der abstrakten Normenkontrolle vor dem Bundesverfassungsgericht) and a PhD in Law from the same university with the thesis "Abstract Norm Control in the Federal Constitutional Court and the Brazilian Supremo Tribunal Federal (Die abstrakte Normenkontrolle vor dem Bundesverfassungsgericht und vor dem brasilianischen Supremo Tribunal Federal).[1]
Career as Supreme Court Justice
Gilmar Mendes was assigned to the Supreme Court by presidente Fernando Henrique Cardoso. During his tenure, Mendes took the position of vice-Chief Justice (2006-2008) and then took oath as Chief Justice (2008-2010). Mendes was also president of the Nacional Justice Council (2008-2010), and implemented a national plan to modernize Brazilian Justice, which resulted in the judgement of 2.72 million old cases (dated before 2006)[2]. During his tenure, other measures were taken to enhance dynamism and efficiency in the Brazilian judicial system, such as the criation of the Electronical Judicial Process and the lower criminal and civil virtual courts, among others.
However, Mendes's role and actions as a Supreme Court Justice have been a great source of controversy, and his positions can be radical and at some point urge criticism or support. The most controversial moment of his career was when, on early July 2008, he granted two Habeas Corpus to now-convicted banker Daniel Dantas, owner of the Opportunity Bank, in less than 48 hours[3] (although a number of Brazilian law experts defend the writs concessions as legally correct).
On April 28, 2009, Gilmar Mendes and fellow Justice Joaquim Barbosa got in a heated argument during a court session, in which Barbosa said "Your Honor, when you talk to me, you're not adressing one of your henchmen in Mato Grosso. Respect me" and both used the expression "Your Honor is in no condition to give anyone [moral] lessons"[4].
In addition to his role as a leading judge, Mendes has contributed to doctrine and research, having published many books, articles and participated in academic events.
Notes
- ^ Curriculum vitae. CNPq Lattes System (In Portuguese).
- ^ http://cnj.jusbrasil.com.br/noticias/2097186/justica-conclui-mais-de-2-7-milhoes-de-processos-da-meta-2
- ^ http://terramagazine.terra.com.br/interna/0,,OI3312367-EI6578,00.html
- ^ http://oglobo.globo.com/pais/noblat/posts/2009/04/22/na-integra-bate-boca-entre-joaquim-barbosa-mendes-179585.asp