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meação conjugal

Glossary entry

Portuguese term or phrase:

dar-se por impedido

English translation:

recuse himself

Added to glossary by Nattalia Paterson
Jul 11, 2012 00:11
11 yrs ago
2 viewers *
Portuguese term

dar-se por impedido

Portuguese to English Law/Patents Law (general) Contestação
a request is made that a judge that has been accused for corrupted should "dar-se por impedido"

" Em entrevista a imprensa dada no dia XXX o procurador geral da republica incitou o juiz XXX a se dar po impedido para que a sentença fosse proferida com maior rapidez..."

"No dia XXX, o juiz XXXX se deu por impedido"
Proposed translations (English)
4 +2 recuse himself
4 declare himself disqualified
4 to declare himself (ethically) ineligible
References
recusing - Legal Dictionary - The Free D...

Discussion

Nattalia Paterson (asker) Jul 11, 2012:
Not Brazilian Case The case did not take place in Brazil, bit the country in question is likely to have similar laws.

Thank you for the discussion everyone.
Martin Riordan Jul 11, 2012:
As there are, by definition, no corrupt judges in Brazil, and no-one is guilty until condemned in the last possible instance of justice, the Attorney General must have used a different argument to persuade the judge to step aside. The reasons for "impedimento" are given in art. 134 of the Brazilian Code of Civil Procedure and mostly relate to involvement by the judge or a close friend or relative in the same case at some point. If the judge opts out of his own volition, this would obviously be faster than having to take legal steps to force him to step down.
Marcelo González Jul 11, 2012:
Excuse himself is not a technical term; recuse himself is, and may be appropriate in this context, especially if the corruption might be linked to the case at hand. Normally, a judge would recuse himself in a case where there might be (even) the appearances of a conflict of interest, for example.
Nattalia Paterson (asker) Jul 11, 2012:
Recuse himself? What would be the difference between to excuse himself and to recuse himself?

Proposed translations

+2
13 mins
Selected

recuse himself

Unless there is some technical reason why this term shouldn't be used (where the corruption is not at all related to the case at hand), it would appear to be appropriate.



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Note added at 17 mins (2012-07-11 00:28:21 GMT)
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Definition of recuse -- Oxford Dictionaries
(recuse oneself) (of a judge) excuse oneself from a case because of a potential conflict of interest ***or lack of impartiality***:
it was the right of counsel to ask a judge to recuse himself from continuing to hear a case because of bias
http://oxforddictionaries.com/definition/english/recuse

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Note added at 36 mins (2012-07-11 00:48:07 GMT)
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If it has to do with previous cases, then the concern would clearly be one of impartiality (i.e., he can be "bought"). According to the definition above, lack of impartiality can also be a reason for a judge to recuse himself.

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Note added at 54 mins (2012-07-11 01:06:00 GMT)
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To the extent that "declaring oneself disqualified" and "recusing oneself" are synonymous (which may, in fact, be the case), it would appear then to be a question of preference. In that case, I'd probably go with "recuse himself," as it may be more commonly used (perhaps due to its brevity).

I hope this helps!
Cheers from the Mariana Islands :-)
Note from asker:
It is not clear whether the accusation of corruption was related to the case. There were accusation of corruption in the case, but the request for "impedimento do juiz" seem to have been based on previous cases/accusations of corruption.
Peer comment(s):
agree Marlene Curtis
44 mins
Thanks, Marlene :-)
agree Mark Robertson
5 hrs
Thanks, Mark
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4 KudoZ points awarded for this answer. Comment: "Thanks! This was very helpful."
4 mins

declare himself disqualified

Acho que é isso. Veja o link.

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Note added at 17 mins (2012-07-11 00:29:04 GMT)
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From the link provided:
"Two sections of Title 28 of the United States Code (the Judicial Code) provide standards for judicial disqualification or recusal. Section 455, captioned "Disqualification of justice, judge, or magistrate judge," provides that a federal judge "shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned."
Reference:

http://en.wikipedia.org/wiki/Judicial_disqualification

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1 hr

to declare himself (ethically) ineligible

1. Disqualified by law, rule, or provision: ineligible to run for office; ineligible for health benefits.
2. Unworthy of being chosen; unfit: considered her ineligible for the job.

In view of his background at BWC [Ohio Bureau of Workers' Compensation], Abrams was legally and ethically ineligible to participate in that decision.
Reference:

http://www.thefreedictionary.com/ineligible

http://www.humanismbyjoe.co/ohio-officials-allow-injustice-at-industrial-commission/

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Reference comments

57 mins
Reference:

recusing - Legal Dictionary - The Free Dictionary
legal-dictionary.thefreedictionary.com/recusingGenerally, a judge must recuse himself if he has a personal bias or prejudice concerning a party to the lawsuit or has personal knowledge of the facts that area [...]

http://legal-dictionary.thefreedictionary.com/recusing
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