O poder judiciário no Brasil : estrutura, críticas e controle
VERÔNICA CHAVES CARNEIRO DONATO
DATA DE PUBLICAÇÃO
The object of this dissertation is the study of the Judiciary Power structure and the critical discussion of its performance. It was focused the Brazilian constitutional history in parallel with the Brazilian Judiciary Power, its bureaucratical and traditional structure, and its misfunctions. It is verified that, beside the organizational crisis, confirmed in all the government array, to the Judiciary are added the society doubts, unbeliefs and suspicions, influencing negatively in its image and in the effectiveness of their decisions. The Judiciary Power was defined as tecno-bureaucratic, according to Zaffaroni. In this author opinion, the Judiciary Power can be presented with the following models: empirical primitive, ecnobureaucratic, and contemporary democratic. Being the Judiciary one of the Union powers, its evolution walked together with the Brazilian political history, in which it was verified, in several moments, the authoritarian posture, specially of the Executive Power. The past has bequeathed to the Judiciary criticized and exceeded profile for the present democratic system. The society requires that the Judiciary Power assume the characteristic of politic power, and bid farewell to the other powers. Apart from that, as public organization, the Judiciary Power conducts itself by the public administration principles, being indispensable to it the inspection and the control of their actions for the satisfaction of the common well, interest of all government institution. At last, it was analysed the necessity of control on the public administration. It is concluded that the main of the reforms to be made in the Judiciary is the change of their magistrates mentality, so that they present just and feasible solutions in face of the social reality, in despite of the material lacks, the legislation imperfections, their structural vices, and other hindrances that delay the accomplishment of the justice according to the Federal Constitution democratic spirit.