Post by account_disabled on Jan 11, 2024 1:21:23 GMT -8
expects the National Council of Justice to be more concerned with disciplinary issues than with regulations. In your opinion, what is the role of the council? Alexandre de Moraes — The problem is that the majority of people are unaware of the advice. Its publicity in the media was erased by the political crisis. The CNJ was implemented in June, when the government crisis had already begun. It is only now returning to the media, with issues judged, such as nepotism. And, anyone who knows the CNJ has a distorted view that the Judiciary's biggest problem is disciplinary. This issue is important.
the judges have to be punished, but the most important thing is the issue of coordination and organization. Therefore, we, the counselors, are giving preference to macro issues: promotion of judges, nepotism, salary cap. ConJur — How does the CNJ intend to act on the disciplinary issue? Alexa Phone Number List ndre de Moraes — The council does not intend to replace all internal affairs bodies. The first instance has a strong internal affairs department, but there is no periodic internal affairs department for the second instance or for the higher courts. So, our idea is for the Council to be supplementary in the first instance.
and fill the gap that exists in the second instance and in the higher courts. When cases of alleged disciplinary infractions arrive in the first instance, the council will contact the internal affairs bodies and ask them to provide information within 30 days. In second instance and higher cases, the council will act whenever there is no investigation, quickly, to serve as an example. ConJur — How to deal with disciplinary issues without violating the independence of judges? Alexandre de Moraes — We cannot fall into the trap of thinking that the council cannot get involved in jurisdictional issues. Judge favoritism, influence peddling, all of this is jurisdictional. The CNJ, however, will never enter into the merits of judicial decisions. It is not the constitutional function of the council to revoke a court decision.
the judges have to be punished, but the most important thing is the issue of coordination and organization. Therefore, we, the counselors, are giving preference to macro issues: promotion of judges, nepotism, salary cap. ConJur — How does the CNJ intend to act on the disciplinary issue? Alexa Phone Number List ndre de Moraes — The council does not intend to replace all internal affairs bodies. The first instance has a strong internal affairs department, but there is no periodic internal affairs department for the second instance or for the higher courts. So, our idea is for the Council to be supplementary in the first instance.
and fill the gap that exists in the second instance and in the higher courts. When cases of alleged disciplinary infractions arrive in the first instance, the council will contact the internal affairs bodies and ask them to provide information within 30 days. In second instance and higher cases, the council will act whenever there is no investigation, quickly, to serve as an example. ConJur — How to deal with disciplinary issues without violating the independence of judges? Alexandre de Moraes — We cannot fall into the trap of thinking that the council cannot get involved in jurisdictional issues. Judge favoritism, influence peddling, all of this is jurisdictional. The CNJ, however, will never enter into the merits of judicial decisions. It is not the constitutional function of the council to revoke a court decision.