Suspension of a judge

Abstract

This opinion examines, based on a consultation raised by attorneys representing journalists accused of a crime against the honor of the President of the Republic, whether a judicial order determining the opening of a new criminal proceeding against the same defendants, without the offended party or the Public Prosecutor's Office, violates constitutional and legal principles and characterizes the judge's bias. Grounded in due process of law, doctrine on abuse of power and the principles of equality, equality of arms, adversarial proceedings and full defense, it demonstrates the existence of antecedents revealing partiality. It concludes that the decision violates such principles, constitutes bias due to interest in the case, and that the objection, based on a supervening reason, is timely.