The Logic Of Fields In Administrative Structure Of The Brazilian Judicial Power

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“THE LOGIC OF FIELDS IN ADMINISTRATIVE STRUCTURE OF THE BRAZILIAN JUDICIAL POWER”.

SUMMARY

I – INTRODUCTION.II – THE SUB- FIELDS INTEGRATED PERFORMANCE .III – POWER REFORM BRAZILIAN JUDICIAL Y THE NATIONAL COUNCIL OF JUSTICE (CNJ).IV – POWER OF ADMINISTRATIVE CONTROL BRAZILIAN JUDICIAL SYSTEM.V – CONCLUSION.

SUMMARY: This essay is in itself the analysis of “Theories of Pierre Bourdieu” and therefore gives up highlighted: ‘Fields, Habitus, Symbolic Power and Capital”. Thus, this importance is built the Law (‘Central Field’ and its ‘Sub-field Integrated Practice’) and its corresponding applicability through the theme: “Reforming the ‘Brazilian Judiciary’ and the ‘National Council of Justice’ (CNJ), with its ‘Administrative Control’ ”.

 

I – INTRODUCTION.

In the social context are constructed objective structures whose goal meet satisfactory results for the social entity to which it is linked. So to achieve this direction present in the composition agents that is in their action and thought – habitus – such which presents practical purposes signed to consider the ‘Power Symbolic’. In this sense, the content of this social structure model come dialectic mechanisms between social values and the values ​​of the aforementioned agents, so that the social goal is achieved. The relationship between the agents is in a constant struggle for space – field – in order to meet the ‘Power Symbolic’ for purposes of legitimacy of action. In the set of forces – capital – these agents is that the social structure demonstrates its ability to evolve in their performance, playing prominent mechanisms to overcome the difficulties that arise in the course of its existence.

Thus, this approach construction of objective social structure, with its composition agents, is that this study will analyze highlighted the reform of the Brazilian Judiciary: in particular the constitution of the “National Council of Justice” (CNJ), Organ administrative and whose primary object control administrative ( ‘Power Symbolic’) functional performance as the executed practical purposes (habitus) of the judges (agents) in order to meet the improvement of the state of the judicial year (capital) because this is a service activity to permanent social interest, on its legitimacy. At this social structure that has specificity to establish legal relationships between the ethical conscience of the institution created by law (CNJ) and the ethical conscience of their agents (judges) in an internal administrative control hierarchy configuration where the logic of their environment makes If restricted to the effects of their judgments. The product of this relationship comes from getting results you want to achieve and the appropriateness of the fair as a factor arising of the catalysts of the participants of this game in the capital utilization is equal in service to society accounts.

The ‘Central Field’ which is the “law” is or not strengthened before the performance of the participants and the continuing fighting is in each plot (or also between them): also called ‘Integrated Sub-Field Performance’ that relates to the agents in the search for consistent benefits with practical objectives to be met – habitus -. So the best strategy is not to submit to the will of any ‘integrated sub-field of action’ the only achievement of an advantageous result surpassing the others and consequently becoming often illegitimate, even as the other microcosms or ‘sub-fields integrated operations’ are owned by the same legal and social structure (‘Central Field’) and should be on the same level of commitment to own practical purposes – habitus – for everyone to have the same intensity to be valued at own ‘Central Field’ . Incidentally, this must be understood as harmonious and uniform duty structure, although each distinct ‘integrated sub-field of action’ that compose it.

Regarding the CNJ matter stating that the object of this institution is confused with its own teleology : through its ” administrative control” – ‘ Power Symbolic ‘ – as it pursues the improvement of the judiciary and therefore its legal space is scope internal and it will be up to his ” Central Field,” the law, ensure its performance . The guideline for this institution is in constitutional law – another integrated sub- field performance – and setting out the parameters that this ‘integrated action subfield’ – CNJ – should be based , to meet the prevailing social interest. What characterizes these ‘integrated sub- fields of action’ is that each sub- field will be integrating other qualitatively so in the end the most qualified of all do your duty to meet the social satisfaction represented by the ‘common good’.

Finally, the logic of each ‘integrated sub- field of action’ will have its importance the scope of its performance as a driving force assembly unit and has in his mind safeguard the core of the “Central House “which is the” Democratic State right”. II – THE SUB- FIELDS INTEGRATED PERFORMANCE.  Democratic considered society makes up its essence in formulating solutions that minimize their ills and that several factors lead to become more agile or less agile the achievement of its purposes as to their ethical, political, economic, legal and social development. Thus, for example, the institutional political program established by the State promotes the degree of development possible, but not always able to produce the wealth necessary to meet the community’s desires which leads to make it rough the path to be taken by the legally constituted government and therefore which represents often the occurrence of a gap than the government sets and the ” ethics – collective conscience” craves[1]. In this sense, this chapter of this study has the power to bring an initial apophthegm the importance of each ‘integrated course of action’ that make up the law – “Center Field” – and therefore reach its completion as a development tool in a society. Its democratic roots is in chained formulation of various elements able to meet the “common good” that the state must meet in order to make your driving force that is the construction of law as a synonym for Formal Justice and Justice Material. Thus, the formation of the synapse chained these dimensions (integrated action subfields) able to foster the legitimate character of its power as an institution to be in line with the will of its people. Thus, the law (‘Central Field’) in a ‘democratic state’ is realized with achievement of the following ‘subfields’ integrated action: from a “fact” in the estimated time as jurígeno by society, ie, every phenomenon that ethics-evaluates collective consciousness have significant effects to the community. Subsequently this time jurígeno fact comes the “ethical value” that the company is bound: dominant axiological profile of a people at a given historical moment. Added to these two sub-fields comes from the ‘fundamental principles’ – 3rd subfield -: that according to our understanding ceased to be a secondary source of law to become a sub-field to be explored and accepted as such by legal community and which incidentally stands out, eg, in “Equity Principles (social cooperation) and efficiency (legal execution technique), and the Equality and Morality as Social Justice Principles”[2]. Then the synapse identifies another law of the sub-fields that are the ‘Public Policy’ – 4th sub-field – able to assess or selecting from a wide variety of jurígenos events occurring in a given zetetic time, including values and principles, what else it is considered appropriate and timely for the political class to transmute formally in Standard – 5th subfield – translating, so the popular will. Moreover, this chain of subfields of interconnected Law – synapse – and progressively promoted or integrated qualitatively, after building a symbology able to demonstrate that the standard should have in your most relevant content is the formation of “Justice Formal and Justice Material “. The Formal Justice of the Standard becomes immanent in its legal doctrine established in view of the current legal system, with the preponderant and vital reflexes when its applicability. Justice Norma material, in turn, is encouraged by the content of the Standard under an identity of ethics and collective consciousness of a particular people, or as the “values” – axiology – and the “Fundamental Principles” which were evaluated by society and highlighted the construction of the law, to situate them as vital subfields of his own existence. At the end, after the Standard have its formed content (Formal Justice and Justice Material) comes from its applicability in time to make it adjusted to social reality – zetetic time – and through the “Public Policy “, provides the primary adjustment to meet the” common good “of society”. Thus, the “Public Policy” act not only as a 4th sub- field in the formation of law, but also in a new perspective, which is to meet its political sense – convenience – social option – and opportunity: to choose the historic moment of application of the rule – 6th subfield – . In this context, forms a conclusion to be reflected , namely , that since the emergence of the “jurígeno Fact” – Law subfield 1 – to the realization of the “Common Good” – 7 subfield – State torna- is essential that the seven sub- fields mentioned are interconnected – synapse: ethics and collective consciousness – and lastly the “Public Policy”, the application of the standard, to be able to legitimize the will of society – symbolic power – and produce a result its legal, political, economic and social development throughout their range. By the way, ethics and collective conscience maintains a constant dialectic with the agents representing the action and thought in each sub- field driving practical purposes – habitus – their integrated performance qualitatively with the other sub- fields that will standardizing to achieve the ultimate –   “Common Good” – . Indeed, the formulation above the “Center Field”: “The Law” and its ‘integrated sub- fields of action’ in its essence creates the geometric[3] figure able to identify a better guide to what is advocating , namely:

F- Hecho Jurígeno; V- Valor (ética); P- Principio; P.P1 (Política Pública 1); N – Norma;Justicia Formal; Justicia Material; P.P2 (Política Pública 2); Bien Común;Sinapsis = Conciencia Ética-Colectiva; Estado Democrático de Derecho; Ciencias Naturales; Hechos y Actos humanos Socialmente Irrelevantes;Ilícito; Ilegítimo.

  At the core of this geometric figure contains its centroid which consists of “democratic state” and that has the power to relate to all the ‘integrated sub-fields of action’ of law     (‘Central Field’) and in applicability of the standard to meet the “common good” of the community. Thus, the “Law Democratic State” became lived from the decay of the “rule of law” that was concerned merely with the “Justice Formal” or the so-called “Justice Loyalist”: without concern for the axiological content and principiológico the Standard – “Justice Material”-. So obtempera to “Formal Justice” with the wishes of ethics and collective consciousness that links the law to its ‘integrated action subfields’, namely: “Fact Jurígeno; value (axiological sense); Principles; Public Policy (P.P1); and Standard. For consistent, making the “Justice Material” as an integral element of the Standard. In fact, the Principles – 3rd integrated sub-field of operation – is given as an example, in direct relation to the “democratic state” – Centroid of the law – those, eg, statements by José Afonso da Silva, namely “Principle of Constitutionality, Democratic Principle, Principle of Social Justice, Fundamental rights System, Equality Principle, Principle of Division of Powers, Legal Principle and Principle of Legal Certainty”[4]-. Regarding the elements that are external to the above figures, which are in the upper dome of this universe, the ” Natural Sciences “; and “Facts and Acts Human Socially irrelevant”; and the lower dome, Illegitimate or illegal, it is worth highlighting the following:  In the first case of “Natural Sciences” or the “Facts or Acts Human Socially Irrelevant”, these are facts that appear without expression for ethics-collective consciousness not even have legal repercussions and therefore are not jurígenos nature, but may in the future be considered as such, should any “ethics-collective conscience” legitimating them and therefore qualitatively promoted to be a ‘sub-field’ of law. In turn, the “Unlawful or Illegitimate” the facts are contrary to “Formal Justice” and / or “Justice standard material” integrated -‘sub-field performance ‘the right- forming a pathology and that the very forces contained in the other integrated ‘subfields’ establish a constant struggle until the ‘integrated sub-fields of action’ contaminated become healthy. Thus, for example, the fact subsumed the standard does not meet your “content” becomes illegal or unlawful and This goes against the law making it away from figure highlighted above, constituting a consistent object of social impact to be corrected by Judicial power. In the case, in particular the criminal offense becomes evident the relevant social character in scope of ethics and collective rejection and, Thus its harmful effects upon their wrongful delivery – its illegitimacy contradicting the “Justice Material” – and its opposition to the current standard – 5 integrated performance sub-field – in time and space – the “Formal Justice” in particular -. Therefore, in examining the proposed theme is based on the formulation of a law – “Central House” – which is concerned not only with the standard in its meaning of “Justice Formal”, but also in its content “Justice Material” which presupposes in essence the “fundamental values ​​and principles’ – ‘integrated sub-fields of activity (2 and 3)’ – that emerge from ethics, collective consciousness and that relates to the agents in thinking and in his actions, as the practical objectives set by the ‘symbolic power’ – habitus – giving it the legitimacy of character. So, for the materialization of this “Standard Ideal” for the benefit of the “common good” of society, “Public Policy” also an ‘integrated sub-field performance (6)’ the law that becomes effective in molds society yearns encouraging, finally, its development in all extensions of its operations. Furthermore, it stands as the heart of this reasoning to achieve the “Theorem of Law subfields” consisting of the following statement : < any standard, as an instrument to serve the common good of society , according to their ethical awareness -coletiva, makes up the formal completion and equipment of its integrated sub- fields of action: the jurígenos facts, the values​​, the principles, policies and legitimacy of the standard, in addition to its centroid constant improvement of the ‘ democratic state Law ‘> . In this context, the fact considered criminal by the current criminal law when there is attempt not only against the ‘ integrated sub- fields of law’, but also against its core – centroid – to become an affront to what society craves, should occur, therefore an internal struggle in the integrated sub- fields affected themselves ( or between integrated sub- fields) through a mechanism governed by a directive that was diverted, or through a dialectic with the judiciary agents – judges – which is to preserve the ‘subfields’ affected by the evil suffered and recover them to meet the social benefit, representing this after all the ‘capital’ of its primordial “Central field” that is the law.

III – REFORM DEL JUDICIARY AND THE BRAZILIAN COURT OF NATIONAL COUNCIL (CNJ).

In a “democratic state” – centroid of the “Center Field” – and that is the constitutional architecture of the Brazilian state, stands the requirement of the powers being ‘Transparent’ in its operation and administration, on this “fundamental principle.” For this issue was seen fed, during the legal history of the ‘judiciary’ Brazil on the importance of the need for its reform and collective ethical conscience was able to effect it when creating the ‘National Council of Justice (CNJ )’, from the’ Constitutional Amendment 45/2004′. In this sense, the award of the CNJ, among others, is supervising the administrative work of the ‘judiciary’, through its practical goals signed by its -habitus constitutional guideline -. Therefore, it is in fact and in law, a control instance of the administrative and financial act of ‘Judiciary’. So, if justified the creation of the CNJ in Brazil by the following historical and factual context with lampposts social repercussions (jurígeno fact -1st Sub-field integrated operation-), as emphasized the Minister Eliana Calmon, ‘Ex-Corregedora National Justice CNJ ‘:”The administrative structure sectioned of the State Courts of Justice Brazilian, self-absorbed in the name of independence and federative autonomy, developed, over time, practices and ingrained customs in a traditional and strong local culture, often repeating the model of a structured justice to meet a society of the nineteenth century agrarian economy, patrimonial, exclusionary and discriminatory, with an immediate impact on the judicial activity: slow, expensive, divergent, causing a disincentive to investments by default and impunity”[5]. Given this social and legal reality that the company aimed to change transformation – fighting in the 1st integrated sub-field of law practice: “Fact Jurígeno” – and that “values ​​(axiology) and Principles” administrative structure had already changed, with respect to the broad and unrestricted need for administrative transparency of the judiciary, in addition to meeting in particular the ‘Principle of Efficiency of Public Administration’ already provided for in the 1988 Constitution (article 37) – 2nd and 3rd integrated subfields Law acting – was good enough, the “Public Policy 1 (P.P1)” – 4th sub-integrated field of law actions – which has the function to represent the company to select its values ​​and principles – legislature – promulgating Constitutional Amendment 45/2004 (art.60, paragraph 3, of the Constitution / 1988) which reformed the Brazilian Judiciary and created the National Council of Justice (CNJ) – the standard: 5 integrated sub-field of law practice. So from a strategic planning (Public 2 (P.P2 Policy)) – 6 integrated sub-field of law action – in order to carry out the desires of society, the CNJ has promoted its activities with Based on the practical goals of “Accountability, Democratization, Planning and Advertising – habitus -“. So teleology exercised by the CNJ is to meet Brazilian society – the common good: 7 integrated sub- field of law action – and preserve inserted Principles in “Baricentro Law” – “Center Field” – adapting to social reality, with implementation of a ‘ Justice ‘ not only ‘Formally Recognized’ by the force of the standard, but also to meet the ‘Justice Material’ , ie according to the ‘ Values ​​and the Company’s Fundamental Principles ‘ .  IV –  POWER OF ADMINISTRATIVE CONTROL BRAZILIAN JUDICIAL SYSTEM.   The logic integrated subfields CNJ acting is to impose legitimate meanings enshrined in outstanding practical purposes above ” Accountability , Democratization , Planning and Advertising -habitus – ‘ establishing ‘ Power Symbolic ‘ of “administrative control” of the ‘Judiciary’ Brazilian. Thus , in response to this “administrative control” – inserted in the 6th integrated sub- field of action: Public Policy 2 ( P.P2 ) – the CNJ guidelines meet regulated by the Brazilian Federal Constitution of 1988, in its art. 103- B, § 4 . Moreover, as adds Julia Bagatini : “The Statute of the Brazilian National Magistracy may give other duties to the Judicial Council , as established by the constitutional text itself . All assignments are of an administrative nature, can be divided into : political, administrative (sensu) , ombudsman , correctional , disciplinary , punitive , informative and purposeful . The planning policy assignment is means to preserve the autonomy of the judiciary , that is, are the goals made ​​by the CNJ to the materialization of one of its main functions , which is the guarantee of autonomy and independence of the judiciary”[6].Due to this dynamic legal framework and its effectiveness in achieving practical goals – habitus – serving, so the ‘Power Symbolic’ can be said that the more you study the assignments of more crystalline CNJ left to the statement of reasons for its creation , or is, as a democratically responsible institution to value through the “Administrative Internal Control” , the ‘Judiciary’ Brazilian steadily, in order to fulfill its constitutional mission of serving the Brazilian society (common good: 7 sub -Field integrated operation) . In turn, with reference to the infighting in the “Field Central” between the integrated sub- fields of action exist today – and that the Brazilian Judiciary had finally to decide which law to apply – there is a well establish the following question: the your ‘ Power Symbolic ‘ may extend the allocation of issues or other jurisdiction (s ) subfield (s ) embedded (s ) of action? In this sense, ie, the CNJ would beyond its role of ” Administrative Internal Control – Power Symbolic -” located on the 6th integrated sub- field of action: the ‘ Public Policy 2 ( P.P2 ) ‘, the function of “Control legislative “and / or also the function of” Jurisdictional Control ” – 5 integrated sub- field of action: ” Regulatory Control” – In answer to this question first is imposed the account of ‘jurígeno fact’ that led to this question:”The CNJ, very participatory body since its creation in 2005, went on to edit various resolutions on the different themes. Such resolutions have the power to organize or reorganize the judiciary, many of them followed this goal and were and are essential to the smooth running of the judiciary. Is that not all resolutions issued by the CNJ followed the purpose of its creation, ie its administrative assignment, such as resolutions relating to Precatórios (n. 115/10 and 123/10) and Notary Public Records (no. 80/09), such resolutions, it seems, have usurped the typical functions of the legislature, legislating on the matter, not just regulating targets to be met by the judiciary from legislation already established. Similarly, the CNJ seems to be not only usurping the typical Legislature function as well as the judiciary, in order to have already performed acts of judicial nature and not administrative, for example, it cites the fact CNJ suspend decision court of the Judiciary itself when in its typical function. ” In examining this question understanding is sufficiently clear the impossibility of invasion of a sub-field to the other, unless it is an integrative and non-competing nature because each subfield has the meaning ‘Symbolic’ linked to their own ‘power’ , why it is called ‘acting sub-field’. Thus, editing by CNJ standards and / or making content decisions pertaining to allocation or jurisdiction of another subfield that has its own control mechanism ( ‘Power Symbolic’) and its practical objectives identified their control (‘habitus’), constitutes an illegitimate interference or super affectation of a sub-field to the detriment of the other. Therefore, with this anomaly will be responsible for “Central City – the law-” to fulfill its role in eliminating it, through its previously established policy that the rule imposes as his counsel in safeguarding it, the Judiciary. Thus, the Justice Department for its Supreme Court ( ‘the Supreme Court -STF – “) considered it appropriate CNJ invade the legislative allocation and jurisdiction, because its role is merely administrative internal control of the judiciary .  Furthermore , when analyzing the infighting that took place in some integrated sub- field performance gives as an example of ‘jurígeno fact’ disciplinary decisions CNJ against any court of law . In this case, the judge with his misconduct have reached some ‘value (ethics), principle and / or administrative rule’ – integrated internal sub- fields of action – and it will fit in this ongoing relationship – dialectics – that permeates between sub -Field and agent imposing its control (‘Power Symbolic’) in order to fulfill their practical objectives -habitus – improvement of the exercise of judicial functions (capital) .

V- CONCLUSION.  The social body profile is in its identity to its raison d’être and the Ethics of ‘Human Values’ becomes transparent for all to see. Thus, the scope of ‘Human Values’ anthropological each company[7] is a cultural mode of expression and identifies which greatly Right to be advocated by ethics-collective consciousness before his “Social Pact”. The symbiosis between the “Ethics and the Law” constructs a binomial able to define the social environment in which the State is going through and reflecting on the formulation of the ‘Content Standard’: the interaction between the “Justice Material” – composed of ‘Human Values’ key and the ‘Fundamental Principles arising’ – and “Justice Formal” this characterized by current and enforceable legal system, because make up the standard that translates into concrete result of the moral, cultural, political, economic and legal of a particular people. The Standard reflects the stratified social behavior in time and space and his spirit or metaphysical sense makes up the exercise of the popular will motivated by ‘values​​’ accepted and considered relevant because it involves therefore an incessant desire to progress “State Institution ” . From a valuation of the relevant social behavior criteria – jurígeno fact – the ethical – collective consciousness exposes a ‘value’ based mainly from the “Natural Law” – in any of its aspects : divine , natural or rational – even in the settlement the “Legal Sociology” which becomes, in turn, useful from the enthronement of the Standard in the law enacted by the State. So the standard is composed of a pipe valued for its ethical concept[8] and has the culture of the people its training budget and that the dominant political power makes it suitable or useful to be met by all. The judgment of ethical quality of society ends at state action that coincides with the will of ethics and collective consciousness and the benefit that comes from you , from the substantive content of the rule set to their values ​​and principles. The ethical values ​​of society, such as human , are not identical values ​​of their existence[9] – and those are changed as time – therefore in accordance with the fundamental policy decisions of the state that will be happening . The state coexists with the company that gives you life and the ethical concepts of this society are associated with the idea of the spirit that gives life to the body or space that projects you into the world.  The ‘Social Justice’ comes from an ethical concept of consistent state practice with the interest of society attended , making a path to follow and severally won . The freedom of action of the ‘democratic state’ is directly proportional to the ethical foundations that society is supported by the construction of its permanent cultural development. By the way, the historical data of ‘positive law’ cultists ‘idea that he has cause and effect close relationship with the social and political data and many other factors. There is a reciprocal causality[10]” including intrinsically legal ethics, because the norm is just must have addition to its aesthetics but also its content is legitimate and supported the ‘Core Values’ justified by ethics and collective consciousness in time and in space. While it may state that does not exist perfect and infinite law as its effectiveness, however, is based is thought that the legislature, like any man, has its imperfections and finite time of existence and therefore over time the norm unaccompanied becomes the reality that involves erecting it unlawful or invalid, the look and feeling of the society in order to consider it unfair – “Evil Representation” -. So the idea of ​​Justice has in his master plan to axiology, ie, in its having content material as its assumptions: security, equity – social solidarity or ethics-collective cooperation – and its axiological formal plan, institutional order established by the power of proportion appropriate State with the fundamental rights of man, these supported the core values ​​of certain social body and thus having the effect of concrete subsumption of these factors with the norm, finally constituting the formulation of a procedure to be legitimately accepted by the community as a whole. In the rush to build a one supported state profile in a legal system geared to the full exercise of Justice[11], the constant ethical education and corollary in meeting their responsibilities to the social being (“Social Pact”), is that it gives rise to knowledge of the law in a evaluative perspective from new elements in their primary content and, moreover, including how it could not be the “axiology”, as one of its members, in a dynamic and capable vision of becoming a significant dimension in this new legal universe.

[1] ” … For the explanation of this individuality of the primary social arrangements of popular consciousness and moral right it does was invented. This selective and even creative consciousness , should be decisive for the specific system configuration em every sort – society – particularly given … ” – Geiger , Theodor , – . Studies of Sociology of Law , p.99 , Ed Fundo Mexico – Cultura Economica .

[2] Cupello , Leonardo Pache de Faria , in Tutela Penal & Criminal Procedure Privacy , at pages . 23 ff. Ed . Juruá .

[3] Polo, Leonardo in ” The Kantian Criticism of Knowledge” , p.47 , Ed Scale : ” The Kantian time work as a rule ; It can therefore be applied to space, but is not limited to this. The time , in Kant’s epistemology , is more linked to understanding the concept that space. And , indeed, it is clear that I can have a concept that does not exist in any way space. The triangle in space is always this or that , but the concept is valid for all . Triangle scheme is not his image ; It is that through the concept comes to image, but without being fixed by it. At time as layout – as a rule of construction – is , therefore , the universality concept . The imagination of time is compared with the space according to representation; but on the other hand, as outlined rule , covers all possible cases unilaterally , while in space would require infinitely multiply representations ” – emphasis added – .

 

[4] Course of Constitutional Law Positive, pp 122-123 , Malheiros Editores.

[5] “Historically , the external control of the judiciary is itself the parliamentary system . The hegemony of Parliament, legitimate representative of the popular will , the executive power, exercised in dua¬lidade by the head of state (the monarch or president) and the head of government (prime minister), as well as the Judiciary, whose members are chosen by the Executive at the summit of training, they need to have control of the dominant power, who do via external control. In countries that are the three powers and its Executive and outlined is monocratically concentrated in the hands of a president who is at the same time, head of state and head of government, one can not speak of external control to the other powers, it is inspect each other in mechanism of checks and balances. In Brazil, presidential federal republic, the external control idea to the judiciary sounded as foreign intervention, in that innovation contrary to constitutionally established power structure. The figure of the external control is effectively tradition of parliamentary countries such as Spain, Italy, Portugal and France, among others, in absolute compatibility with the form of government. The rule includes exceptions because not every nation that adopts parliamentarism also boasts external control body, given to Germany, which the desconhece.Entretanto even if adopt the system self or mutual control – checks and balances system – it is undeniable the need for an inspection of the administrative and financial management. The judiciary, in Brazil, was supervised by himself, administratively by its internal control and disciplinary body for internal affairs. External control was in charge of the Audit Court, in particular the financial administration and orçamentária.Um country of continental dimensions such as Brazil, whose federation is made up of twenty-seven states, each with its independent judiciary and autonomous, counting even with the righteousness of duality with five federal courts and the courts more special justices (labor, electoral and military), it is natural that there was no uniformity in the administration of Judiciário.A Power diversity management and administrative indiscipline left isolated the courts, especially the state. The Federal Court said, since its re-creation in 1967, the Council of Federal Justice, tasked to standardize administrative practices, establish unity in the benefits granted to trace the rules to be followed by judges and servers, making them compatible with federal law . The Special Justices had the unifying element of the Superior Courts (TST, STM and TSE) that linked administrative practices, established limits and required compliance with federal law. It was missing, so a clearinghouse management for the State Court. “

[6] “The defense of judicial sovereignty already shown self explanatory front of your writing, as is the constant search for other powers (legislative and executive) do not enter in his harvest, is thus the defense of judicial independence. The regulatory policy matters in internal disciplinary functioning of the CNJ (autonomy), without, however innovate in the legal system, because in this way it would be making use of the legislative branch prerogatives, which is not the function of the National Council of Justice. Already writ assignment policy is the guarantee of the functions of the Council, and the provisions of recommendations before mentioned, have the sense of “order” for the judiciary members, so called domestic economic concerns as mandamental.A the tasks related to its own administration, and, for example, the preparation of bylaws, which contains the respective specification of powers of its internal bodies, management, advisory services, the provision of public office for tenders or otherwise, necessary your administração.Em brief summary these are the CNJ political responsibilities given by the Constitution. Despite the meager explanation can be seen that all political powers seek autonomy and independence of the judiciary, from an eminently administrative control, this is what contains in art. 103-B, § 4, I of CF. It shows the clarity of the principles included in the EC n. 45, which includes access to justice, transparency, effectiveness and promptness, because there ombudsmen justice, they can and should receive complaints regarding access to the legal system in a broad sense as well as the undue delay of the gaits of processes and possibly some obscurity in solving litígios.Voltando to assignments in the same § 4, subsection III of article quoted above are the correctional assignments also disciplinary calls. The example of this assignment, it shows cogent mention that in 2005 was lowered to no resolution. 07 CNJ, which prohibits the practice of nepotism in all organs of the judiciary – is understood by nepotism hiring relatives up to the third degree, to management positions, direction and assessoramento.A assignment penalty is in art. 103-B, § 4, III of the Constitution, which says the possibility of the CNJ remove, put in availability or retired members of the judiciary as well as its employees and notary service providers and record acting by delegation of public power or oficializados.Por Finally, there is the informative assignment, also called propositional, this disciplined in the last two paragraphs of art. 103-B of § 4. In this sense, it appears that, always seeking publicity, the right to information, primary characteristic of EC n. 45, one of the CNJ’s duties is to prepare statistical reports on judicial processes, as well as annual reports proposing situations the judiciary. “

[7] “An ethical society constitutes that which seeks the welfare of all and where the concept of well-being is democratically established” – Fabriz , Daury Cezar in ” Bioethics and Fundamental Rights ” , p.77 , Ed Commandments.

[8] In the statement of Carlos Cossio in ” Egológica Theory of Law ” : ” que el derecho es la conducta in intersubjetva interference , put this as a cultural object is imbued with values ​​that le dan a sense , adding that these standards cumplem one doble paper, ya by a part son el pensamiento that mienta the describe to her conduct in su libertad y , por la otra Integran her conduct that ella misma hace mención , al integrate su meaning ” – Cossio , Carlos , ” La Theory Egológica Del Derecho , Abeledo -Perrot , Buenos Aires, 1964 – .

[9] Garcia , Ricardo Gines, adds : ” Los ethical values ​​obtained by them sentimientos if expresan in juicios ethical valoe . The difference of them juicios of existence that contienen solely factual afirmaciones about it that las cosas son , los juicios value señalan it repercusión that los propios acts the ajenos tienen to sujeto un es dicidir , Ponen of manifiesto el appreciate or desprecio to them acciones poseen to un human. Por ejemplo , we issued un juicio existence cuando affirm ‘el hombre es rational animal un’ y juicios ethical value cuando the 10th ‘ this mujer es buena ‘ o ‘ this fair es juez ‘ – in “Fundamentals Del Derecho ” Parable Editorial , p . 89 – .

[10] Savigny , Carlos Federico , cited Larenz , Karl in ” Derecho Justo, Legal Ethics Fundamentals ” , p.24, Editorial Civitas , S.A.

[11] Raws , John in ” A Theory of Justice ” , p.11 , Ed Martins Fontes : . “I consider that the concept of justice is defined by the performance of its principles in assigning rights and duties and in defining the appropriate division of social advantages . A conception of justice is an interpretation of this act. “

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