When I refer to a judge, I embrace judges of all levels, from the newly appointed to the more experienced justices of the Supreme or Constitutional Court. Among them, in a way, are prosecutors, whose careers in Brazil are similar to that of judges. After all, everyone, even in different situations and circumstances, is subject to temptations and can succumb to its charms. There is no way to avoid them. But there is a way to resist it.
Having made these necessary observations, it should be noted here that the Bible records the experience in no less than sixteen verses. However, the prayer “Our Father” is what we remember most: “And lead us not into temptation, but deliver us from evil.” The judge in his life is constantly subjected to trial. Let’s look at ten hypotheses.
First: the temptation to cuddle. After taking office, the judge saw his life change. Sympathetic people come your way, ready to remove life’s obstacles. Facility to rent a property in the place mentioned, to buy a car, party invitations, to enroll children in school, and the like. These rewards are sometimes careless, sometimes they are not. They must be carefully received, well evaluated, and sometimes rejected. Behind that great party, with the best meat, music and joy, there may be a self-interested businessman with big lawsuits in justice or a corrupt official.
Second, the temptation to believe in ourselves is better. The exercise of the function, and the deciding of issues important to the lives of hundreds of people, can, over time, lead a judge to believe that he is, in fact, a higher being. From there, stay away from childhood friends, avoid economically unsuccessful relatives and others in similar situations. silly reaction. Life will show you that these people will be important to you in times of pain, setbacks, and other traps that no one in life escapes from. Along with this misconception comes the temptation to brag about your success. It is not uncommon that improving the economic situation, getting dressed well or buying one of the most expensive SUVs is a legitimate ambition of those who have worked hard to climb the social ladder. However, this adornment should not be excessive, visible (especially at meetings with old friends in difficulties) or remembered by describing costly trips abroad or the durability of a beautiful shirt by Hermenegildo Zegna.
Third: the fitna of vanity. We are all in vain, even in the animal kingdom this is true and the peacock is the greatest example, but it is not the only example. Many judges, especially when they hold more prominent positions, such as presiding over the courts or adjudicating cases relating to national life, are tempted by sycophants and the spotlight. They risk assuming that they are world class players, even though their physical talents are deteriorating due to the loss of youth. The old friend is missing here, rudely frank, to make them see how absurd this behavior is for a judge, who is expected above all to be discreet and equidistant from the problems which he has to examine. There will not be much to remember the old judicial wisdom: “The judge speaks only in light of the conclusion.”
Fourth: the fitna of revenge. It contradicts a desire, legal or illegitimate, then comes the thought, and sometimes the possibility of “returning the favor”. This situation is more common in smaller judicial districts or sub-divisions. It is clear that he violates the ethics that should accompany a judge in all his decisions. Example: Not being invited to the table at a party should under no circumstances be grounds for stern treatment against the event organizer, as this would be an act unbecoming of those whose mission should be just. On the other hand, this may not be his fault, but who organized the ceremony.
Fifthly: the sedition of sex. Vital function, pure instinct, there is nothing wrong with sex, rather, yes, it is one of the pleasures of life. But sometimes it is accompanied by circumstances that will later become a source of prolonged resentment. The new judges, often solitary and in cities far from their roots, suffer from a lack of affection. Sometimes lovely locals come close and that’s it. After some time, sometimes already in another province, the invocation of an application for alimony of an heir will not be a pleasant surprise. After all, one-third of a judge’s salary is equal to the salary of the contested job. Women are subject to the approach of a fiery seducer. Then the danger could go further. He may have political interests (dating a judge is strong marketing) or even belong to a criminal faction and have access to sensitive information. And the elders do not escape the temptation that can even reach the elderly judges, rejoicing in the illusory return of the youth.
Sixth – the fitna of corruption. This is the temptation to rise. A topic that was not considered until the 1990s, and has only recently been treated in a cliched fashion. But, after all, if corruption is stronger than agribusiness, why is it surprising that it even reaches justice? The corruption can be petty, even gullible, and may amount to large sums of money, including a bottle of Château Petrus wine, worth R$38,990.90. Once you check it out, fight very hard. Nobody stops corruption by morals classes, only by losing their prestige.
Seventh: The fitna of envy. Although the judge has a good standard of living, he may be jealous of third parties, who are usually very successful professional lawyers, traveling in 70-foot speedboats on weekends. Nonsense! Every profession has its advantages and disadvantages, none of them is perfect and no one can have it all at the same time. Although the legal profession is profitable, it faces difficulties not like a judge, but it is by no means deficient. Appreciating what you have, and enjoying its benefits (eg 60 days of vacation a year) is the right thing to do. But, if this negative feeling beats in your chest, have the courage to ask for acquittal and take the arena with several competitors or study hard and submit yourself to an extrajudicial notary contest, where you will get much higher earnings than from the profession.
Ninth – the temptation to expand your powers. Drunk from the power that the Constitution confers on him, the judge often cannot contain himself, and wants to go further. Then he judges himself that he has the right to take the Toga to other places. This can happen in different situations, such as in the law school where he is teaching, assuming that he deserves different treatment, even in presenting his decisions to bodies or authorities. For example, going into details of how public security agencies should act (with or without rubber bullets) or explaining how the municipal executive should implement public education policy or the city council to amend an ordinance.
Tenth: The temptation to become more frustrated. Last but not least, Latest temptations: Do your homework on time, preferably on an easy (or dangerous) pole, and drop the rest. This evil, which has spread among good policemen for a long time, is beginning to pollute the judiciary. Criminal court judges demand their removal to the tax enforcement courts, frustrated at the futility of effort and personal risk in capturing the leaders of the criminal factions, who for this or that have been released by court order. Not to mention the dangers of denouncing the abuse of power as a result of recent legislation. But frustration is something that is detrimental to society and is also detrimental to frustration. It always leads to physical (eg ulcers) or psychological (depression) problems.
In conclusion, on Easter Sunday, celebrating the resurrection of Jesus Christ, it is always good to remember, about experience, like 1:10 of the Old Testament, which says: “Son, if the wicked try to seduce you, do not give in!