O Conselho Nacional de Justiça como instrumento de accountability horizontal : análise do período 2005-2007

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

The aim of this study is to determine whether the Judicial National Council can be classified as a horizontal accountability agency. As far as methodology is concerned, the first step was to analyze documentation in order to gather data about the primary data about the Judicial National Council in its first two year period of existence 2005-2007. The second step, the datas and informations were analyzed by the concept of horizontal accountability. As de result of this research is possible to understand the Judicial National Council as a horizontal accountability agency, even with some gaps. The first element that proves this affirmation is about de councils and the normative acts, which allow the Judicial National Council to act before some situations. The second element is its investigation power, with own actions to promote investigations on the Judiciary. The third element is its capacity of sanction, thats can be direct, as administrative sanctions, or as indirect, when the Council send for the proper judicial element the sanction recommendation. The result of this research show the Judicial National Council as an advance and an important democratic institution, but, in some aspects, its necessary to improve some work-processes of the Council, with this improvements it will be an affective horizontal accountability instrument.

ASSUNTO(S)

horizontal accountability judiciary democracy brasil brazil ciencia politica accountability democracia judicial national council conselho nacional de justiça accountability judiciário accountability horizontal

ACESSO AO ARTIGO

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