Glossary entry (derived from question below)
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"
" 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 | Marcelo González |
4 | declare himself disqualified | Martin Riordan |
4 | to declare himself (ethically) ineligible | Sheryle Oliver |
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 :-)
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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
|
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."
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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."
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.
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/
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
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
Discussion
Thank you for the discussion everyone.