Sepúlveda Pertence Explained

Sepúlveda Pertence
Birth Name:José Paulo Sepúlveda Pertence
Birth Date:1937 11, df=y
Birth Place:Sabará, Minas Gerais, Brazil
Death Place:Brasília, Brazil
Occupation:Jurist
Politician
Education:Federal University of Minas Gerais
Office:President of the Superior Electoral Court
Term Start:20 November 2003
Term End:21 February 2005
Predecessor:Nelson Jobim
Term Start1:15 June 1993
Term End1:22 November 1994
Predecessor1:Paulo Brossard
Successor1:Carlos Velloso
Office2:Prosecutor General of the Republic of Brazil
Term Start2:15 March 1985
Term End2:17 May 1989

José Paulo Sepúlveda Pertence (Sabará, November 21, 1937 – Brasília, July 2, 2023)[1] was a Brazilian jurist, professor, lawyer, and judge. He held numerous positions, including Prosecutor General of the Republic,[2] minister and president of the Federal Supreme Court (STF), and president of the Public Ethics Commission of the Presidency of the Republic.

Education and career

Pertence graduated in law from the Federal University of Minas Gerais in 1960. During his secondary education, he was actively involved in the student movement, holding various representation and leadership roles in several organizations. He served as the 1st Vice-President of the National Union of Students (UNE) for the 1959/1960 term.[3]

Pertence moved to Brasília in 1961, where he became a legal assistant for the Federal District city hall. He began a master’s program at the University of Brasília, where he was also an instructor and assistant professor from April 1962 until his dismissal in October 1965.[4]

In 1963, Pertence passed a public exam to become a prosecutor for the Federal District and Territories. Between 1965 and 1967, he served as an advisor to Minister Evandro Lins e Silva at the STF. He was dismissed from the Public Ministry in October 1969 by the 1969 Military Junta under the AI-5 decree.[5]

Subsequently, Pertence focused entirely on practicing law, partnering with former STF Minister Victor Nunes Leal, who had also been dismissed by the military government.[6] Pertence practiced in Brasília, Minas Gerais, São Paulo, and Rio de Janeiro, and held various positions within the Brazilian Bar Association (OAB).[7]

Chosen by Tancredo Neves for the role of Attorney General, Pertence was appointed by President José Sarney and took office on March 15, 1985. He simultaneously served as the Electoral Attorney General and a member of the Human Rights Defense Council.[8] His tenure as Attorney General was marked by controversy, particularly regarding Representação 1349,[9] where he opposed the constitutionality of the Informatics Law, leading to accusations of disloyalty and legal innovation.

Pertence was a member of the Affonso Arinos Commission, responsible for drafting the preliminary proposal for the 1988 Brazilian Constitution. His suggestion to grant autonomy to the Public Ministry was a decision he later regretted.[10]

Federal Supreme Court

In 1989, President José Sarney appointed Pertence to the STF, filling the vacancy left by Minister Oscar Dias Correia. He assumed office on May 17.

Pertence was appointed by the STF to the Superior Electoral Court (TSE) from 1990 to 1992 and served as its president from June 15, 1993, to November 15, 1994. He returned as a minister and president of the TSE from 1999 to 2004.

On November 9, 1994, Pertence was elected vice-president of the STF and became president on April 19, 1995. He served as president until May 20, 1997. During his presidency, Pertence delivered numerous lectures on judicial reform, particularly advocating for the “binding summary” proposal, and addressed the challenges of the concentrated and diffuse systems of constitutional control in Brazil. He retired from the STF on August 17, 2007.

On December 7, 2009, Pertence was awarded the Grand Cross of the Order of Ipiranga by the São Paulo State Government, represented by then-Governor José Serra.[11]

Public Ethics Commission of the Presidency

After his departure from the STF, Pertence became a member of the Public Ethics Commission of the Presidency of the Republic in December 2007. On September 24, 2012, while serving as the commission's president, he resigned after President Dilma Rousseff deviated from established practice by not renewing the terms of two councilors.[12]

Defense of Luiz Inácio Lula da Silva

In February 2018, Pertence joined the defense team for former President Luiz Inácio Lula da Silva, who was convicted by the Regional Federal Court of the 4th Region for passive corruption and money laundering. Pertence believed that Lula was the target of unprecedented persecution.[13]

Death

Pertence died in the early hours of July 2, 2023, at the age of 85, at the Sírio-Libanês Hospital in Brasília due to multiple organ failure, after a week of hospitalization.[14]

Legal works

Notes

Notes and References

  1. http://www.stf.jus.br/portal/ministro/verMinistro.asp?periodo=stf&id=27 Ministro Sepúlveda Pertence
  2. Web site: 29 June 2014 . Ministério Público Federal . Galeria dos ex-Procuradores-gerais da República .
  3. http://www.stf.jus.br/portal/ministro/verMinistro.asp?periodo=stf&id=27 Ministro Sepúlveda Pertence
  4. Web site: Entrevista Sepúlveda Pertence a Revista dos Estudantes de Direito da UnB, 2007 . 25 July 2024 . 28 December 2019 . https://web.archive.org/web/20191228075430/http://www.arcos.org.br/periodicos/revista-dos-estudantes-de-direito-da-unb/6a-edicao/entrevista-com-jose-paulo-sepulveda-pertence . dead .
  5. http://www.stf.jus.br/portal/ministro/verMinistro.asp?periodo=stf&id=27 Ministro Sepúlveda Pertence
  6. http://www2.pgr.mpf.gov.br/memorial-mpf/historia-oral/DepoimentosDocs/SepulvedaPertence.pdf Entrevista Sepúlveda Pertence - Ministério Público Federal
  7. http://www.stf.jus.br/portal/ministro/verMinistro.asp?periodo=stf&id=27 Ministro Sepúlveda Pertence
  8. http://www.stf.jus.br/portal/ministro/verMinistro.asp?periodo=stf&id=27 Ministro Sepúlveda Pertence
  9. Web site: 19 February 2018 . 19 February 2018 . STF . Representação 1349 .
  10. Web site: 19 February 2018 . 6 February 2018 . Estadão . O 'monstro' criado por Sepúlveda .
  11. Web site: 9 March 2018 . 8 December 2009 . Ex-presidentes do Supremo são homenageados com a Ordem do Ipiranga, mais alta honraria do Estado de SP . Migalhas.
  12. http://oglobo.globo.com/pais/sepulveda-pertence-renuncia-presidencia-da-comissao-de-etica-6179239 Sepúlveda Pertence renuncia à presidência da Comissão de Ética
  13. Web site: 14 February 2018 . 6 February 2018 . G1 . Ex-presidente do STF, Sepúlveda Pertence passa a atuar como advogado de Lula .
  14. Web site: 2023-07-02 . 2023-07-02 . pt-br . Morre em Brasília o ex-ministro do STF Sepúlveda Pertence Política . O Globo.
  15. Web site: José Paulo Sepúlveda Pertence. Supreme Federal Court. Portuguese. dead. https://web.archive.org/web/20180215023839/http://www.stf.jus.br/portal/ministro/verMinistro.asp?periodo=stf&id=27. 15 February 2018. 3 July 2023.