The OAB do Rio de Janeiro has filed a formal complaint with the National Justice Council (CNJ) against Judge Marcelo Bretas, known for his role during the Lava Jato operation, alleging misconduct related to his recent engagement in coaching activities.
This complaint, lodged on February 3, 2025, highlights Bretas's use of social media for self-promotion and personal gain during his time away from the bench. A federal judge since 2018, Bretas has been suspended from his judicial duties since February 2023, yet continues to receive his salary.
The OAB argues Bretas is exploiting his position for commercial advantages, branding himself as “federal judge,” “speaker,” and “teacher” on social platforms, which is strictly prohibited by CNJ regulations.
Bretas's coaching endeavors have caught the attention of the legal community, with reports indicating he offers mentorship programs and courses priced up to R$ 2,497. He boasts of more than 500,000 followers on social media, where he actively promotes workshops aimed at transforming participants' careers across various fields.
According to the OAB, his actions constitute violations of multiple provisions outlined by CNJ Resolutions, including inadequate adherence to ethical norms expected of magistrates. The complaint notes, "O juiz continua acumulando as duas funções e vem sendo muito bem remunerado," emphasizing Bretas’s simultaneous involvement as both coach and judge.
Resolutions 34/2007 and 305/2019 by the CNJ expressly prohibit judges from engaging in coaching and conducting extensive self-promotion on social media. These regulations underline the separation between judicial responsibilities and personal commercial ventures, confirming the incompatibility of such practices with the demands of judicial integrity.
Marcos Luiz Oliveira de Sousa, the OAB-RJ’s procurador-geral, states, "A exploração comercial da atividade de coaching é incompatível com a magistratura," pointing to the fundamental breach of conduct expected from individuals who hold judicial positions.
Details within the complaint reveal Bretas also failed to respect the legal frameworks governing social media use by judges, which discourage practices aimed at attracting personal recognition. The OAB-RJ posits, "Isso demonstra, acima de qualquer dúvida razoável, a utilização ostensiva da função jurisdicional como elemento central da atratividade e valor agregado à proposta comercial.”
Significantly, this is not the first time Bretas has faced scrutiny. He is currently entangled in three other disciplinary proceedings, each shrouded in secrecy, raising questions about his conduct as a public servant. His past has come under fire due to allegations of negotiating judicial penalties and strategizing with attorneys, casting shadows over his impartiality.
The federal judge's controversial terms of engagement during the Lava Jato operation had also drawn criticism, particularly for tightly woven networks with the public prosecution and alliances deemed questionable by legal standards.
The OAB-RJ has formally requested the CNJ initiate disciplinary proceedings against Judge Bretas, including the suspension of his social media accounts to prevent any continuation of what they argue are irregular practices. The potential outcomes of such investigations could be significant, impacting both Bretas’s career and the wider perception of Brazil's judiciary.
Judge Bretas's case reflects pertinent issues surrounding judicial ethics and accountability, as the community of legal practitioners and observers await the CNJ's actions and eventual decisions on this high-profile matter. Amid the complex dynamics of law and personal endeavors, the balance between judicial duty and personal gain remains delicately poised.