Gilmar Mendes
Encyclopedia
Gilmar Ferreira Mendes 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).
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 (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".
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.
Brazilian
Brazilian may refer to anything of or relating to Brazil and may also refer directly to:* Brazilian barbecue, known as churrasco* Brazilian football—see Football in Brazil* Brazilian football clubs—see List of football clubs in Brazil...
Justice of the Supremo Tribunal Federal (Brazilian Supreme Federal Court), since being appointed by then President Fernando Henrique Cardoso
Fernando Henrique Cardoso
Fernando Henrique Cardoso – also known by his initials FHC – was the 34th President of the Federative Republic of Brazil for two terms from January 1, 1995 to December 31, 2002. He is an accomplished sociologist, professor and politician...
in 2002. Mendes was also the Chief Justice for the 2008-2010 term and the Solicitor-General
Office of the Solicitor-General in Brazil
The Solicitor-General of the Union represents the Brazilian Union before national courts and also provides legal advice to the Brazilian executive branch....
from 2000 to 2002.
Mendes graduated with a bachelor's degree in Law from University of Brasília
University of Brasília
The University of Brasília , is one of the largest and most prestigious Brazilian public universities funded by the Brazilian federal government...
, received his Masters Degree in Law from the same university, another Masters Degree in Law from University of Münster
University of Münster
The University of Münster is a public university located in the city of Münster, North Rhine-Westphalia in Germany. The WWU is part of the Deutsche Forschungsgemeinschaft, a society of Germany's leading research universities...
(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).
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). 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
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
to now-convicted banker Daniel Dantas
Daniel Dantas
Daniel Valente Dantas is a Brazilian banker and financier, founder of Opportunity Asset Management in 1994. Opportunity Group lead an international private sector partnership that bought up a large chunk of the Brazilian telecoms sector in 1997, when this sector was privatized...
, owner of the Opportunity Bank, in less than 48 hours (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".
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.
External links
- Mendes celebrates the 1988 Brazilian constitution at Harvard Law School in the Harvard Law RecordHarvard Law RecordThe Harvard Law Record is an independent, biweekly student-edited newspaper based at Harvard Law School. Founded in 1946, it is the oldest law school newspaper in the United States.-Characteristics:...