Dili, May 10, 2025 (Media Democracia) – The Judicial System Monitoring Program (JSMP) considers the recent appointment of a new President of the Court of Appeal (PTR) to constitute certain legal irregularities as foreseen in the Law on the Statute of Judicial Magistrates and the Law on Judicial Organization. This activity was accessed by Media Democracia via the JSMP Facebook page on Thursday this week.
JSMP Executive Director, Ana Paula Marçal, stated in a press release that on April 29, 2025, the President of the Republic, through Presidential Decree No. 35/2025, appointed the Honourable Judge Dr. Afonso Carmona as the new President of the Court of Appeal, replacing the Honourable Judge Counsellor Dr. Deolindo dos Santos, whose mandate ended on April 29, 2025.
“This appointment has generated mixed reactions in society at large, particularly among civil society, academics, legal experts, the opposition bench in Parliament, and most recently Honourable Judge Maria Natercia Gusmão Pereira, a Counsellor Judge at the Court of Appeal (TR), who submitted an initial petition for an injunction against the President of the Republic regarding this appointment,” said JSMP Executive Director Ana Paula Marçal.
She added that, while the appointment of the new President of the Court of Appeal has already taken place, according to JSMP’s assessment, it constitutes non-compliance with some of the legal requirements outlined in the Law on the Statute of Judicial Magistrates and the Law on Judicial Organization. This issue must be carefully reviewed and observed in the future to avoid public controversy.
“According to paragraph 2, Article 76-A of Law No. 25/2021, amended by Law No. 12/2022 and Law No. 4/2025 regarding the Law on Judicial Organization, the minimum duration of professional service experience required for a judge to be appointed as President of the Court of Appeal is 20 years in the judicial magistracy, excluding experience in the Public Prosecutor’s magistracy,” stated the Executive Director of JSMP.
She further referred to Articles 59 and 63 of Law No. 5/2022 concerning the Statute of Judicial Magistrates, which establish the categories of judges eligible for appointment to the Court of Appeal (TR) and the Supreme Court of Justice (STJ). For the TR, Second Class Judges can be appointed only if there are no First Class Judges available. If First Class Judges exist, Second Class Judges cannot access the TR. For the STJ, only First Class Judges may be appointed in the absence of Judges at the rank of Appellate Judge (Desembargador); if Appellate Judges exist, First Class Judges cannot be promoted to STJ.
“JSMP believes that the President of the Republic should not appoint a Second Class Judge to assume the role of PTR while there are judges of the First Class category. Only in the absence of First Class Judges can a Second Class Judge be appointed to PTR, but even then, such a judge cannot perform the role of President of the Supreme Court of Justice (PSTJ), as access to the STJ requires a judge to be of the category of Appellate Judge or First Class,” the Executive Director of JSMP emphasized.
She asserted that legal requirements and thresholds must not be bypassed, and authority must be exercised within the parameters allowing only judges of First Class, Appellate Judge, or Counsellor categories to lead the TR and STJ.
Further elaborating on the current situation regarding the controversy and the legal qualification issues presented above, JSMP recommends that future appointments should only be made among judges who already qualify for the TR and STJ. This aligns with the phrasing of Article 76, point A of the Law on Judicial Organization, providing a legal foundation. JSMP also extended congratulations to Honourable Judge Afonso Carmona, the new PTR, and expressed hope that he will exercise his duties well and contribute to improving future appointment mechanisms in the justice sector.
Report: Nelfiano
Photo: JSMP Media