A constitucionalidade do Conselho Nacional de Justiça e seus poderes

• Autor(a) principal: Menezes, Renato Luiz Ghersel de
• Data de Publicação: 2014
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/36024
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO CONSTITUCIONAL; Conselho Nacional de Justiça; Constitucionalidade; Democracia; Limites; Poder normativo; Reforma do Judiciário; National Council of Justice; Constitutional democracy; Limits; Legislative branch; Judicial reform

The present review deals with the National Council of Justice and its main controversial points, as well as the power conferred upon it by the Constitution (EC n. 45/2004 and EC. n. 61/2009). Is scoped to the analysis of issues of great discussion in doctrine and jurisprudence as the constitutionality of the CNJ, their constitutional limits of performance and its normative power. This task of the historical context of the National Council of Justice by the legislative and political path traversed for approval of the "Judicial Reform", which instituted. Was addressed, then, democratized its composition and functioning as an integral organ of the Judiciary, highlighting the role of the Minister Corregidor and its relevant functions, being related assignments and objectives in charge of CNJ, as an organ of administrative control, and financial discipline, established by the constitutional legislator. After, visualized in the light of the doctrine and jurisprudence homeland, the discussion about the interference in the separation and independence of powers in order to create the National Council of Justice. Violation configured not left because it was confirmed their nature as merely administrative body, as well as its constitutionality before the Supreme Court (ADI 3367), highlighting its main arguments and votes in the trial. Also treated the limits of operation of the National Council of Justice against local courts, highlighting the scope of the analysis and review of the Supreme Court, acting as an umbrella body, the decisions of the Council colacionando major decisions about. Finally, we studied the normative power of the CNJ relating the most current case law and presenting the main doctrinal positions. Analyzed also the two main Direct Actions on the subject that questioned the publication of Resolutions of the National Council of Justice that allegedly extrapolated their normative constitutional authority to edit them