Como É a Remoção de Juiz?


Constituição Federal de 1988:

Art. 95. Os juízes gozam das seguintes garantias:


II – inamovibilidade, salvo por motivo de interesse público, na forma do art. 93, VIII

Constituição Federal de 1988:

Art. 93. Lei complementar, de iniciativa do Supremo Tribunal Federal, disporá sobre o Estatuto da Magistratura, observados os seguintes princípios:

VIII o ato de remoção, disponibilidade e aposentadoria do magistrado, por interesse público, fundar-se-á em decisão por voto da maioria absoluta do respectivo tribunal ou do Conselho Nacional de Justiça, assegurada ampla defesa.

FGV (2019):

QUESTÃO CERTA: João, Juiz de Direito da Vara única da Comarca Alfa, vinha causando sérios problemas às partes nos processos judiciais, o que decorria da demora para despachar e para decidir os feitos submetidos à sua apreciação. Considerando esse estado de coisas, um assistido da Defensoria Pública questionou sobre a possibilidade de João ser removido compulsoriamente do órgão em que se encontrava, sendo respondido corretamente que tal: é possível, preenchidos os requisitos exigidos, por decisão do Conselho Nacional de Justiça ou do tribunal a que João está vinculado.


FCC (2009):

QUESTÃO CERTA: O ato de remoção, disponibilidade e aposentadoria do magistrado, por interesse público, fundar-se-á em decisão por voto da maioria absoluta do respectivo tribunal ou do Conselho Nacional de Justiça, assegurada ampla defesa.


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