The Administration of the Brazilian Judiciary and the National Justice Council: Neo-Liberal Choices and Constitutional Contradictions

• Autor(a) principal: Vieira, Luana Roussin Brasil
• Data de Publicação: 2015
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Política Judiciária, Gestão e Administração da Justiça
• Texto Completo: http://www.indexlaw.org/index.php/revistapoliticiajudiciaria/article/view/259
• topic: Justice administration; Justice national council; Neoliberal interferences; Administração da justiça; Conselho nacional de justiça; Interferências neoliberais

This article analyzes under the legal-sociological aspect the phenomenon of economic hegemony in the context of the administration of the Brazilian Judiciary. Latin America has been experiencing in recent decades a reform movement of the governments in order to speed up the economy of Latin American countries. Being one of the branches of government, the judiciary also receives influences and guidelines to assist economic development. In this political-economic context the Brazilian judiciary entered on the agenda for discussion of the international agencies and received some criticism and suggestions so it can accomplish a complete functioning as an institution. However, those proposals with marketing and business bias do not even get closer to the democratic project proposed by the 1988 Brazilian Constitution. The idea of having a new judicial system adopted by the Justice National Council which tops efficiency, celerity, predictability and legal certainty does not match the criterion of effectiveness of the guarantees and social rights. This article aims to analyze the current judicial administration and its compatibility with the constitutional premises, in order to enlighten the Judiciary and the search of the implementation of the constitutional design of the democratic State governed by the rule of law. Finally, is elaborated a brief conclusion.