The Study Commission for the Reform of the Judiciary that the São Paulo section of the Brazilian Bar Association (OAB) will have the challenge of facing corporatism and privileges that make it difficult to modernize the judicial system.
These barriers also involve acts and omissions of law.
“We are very concerned with justice to be guided by office rules, by regiments, provisions, resolutions. This is undemocratic, it has to be in law, to be discussed,” says Leonardo Sica, president of OAB-SP.
Sica invited experts whose proposals and experiences refer to the ideals of the 2004 judiciary reform. In common, plurality and disposition for dialogue in the search for a more democratic and affordable judiciary.
The commission is composed of Ellen Gracie e Cezar Pelusoformer presidents of the Supreme Court; José Eduardo Cardozo e Miguel Reale Jr., Former Ministers of Justice; teachers Maria Tereza Sadek, Oscar Vilhena e Alessandra Benedict and the former presidents of OAB-SP Patricia Vanzolini and the national OAB Cezar Brito.
The commission must deal with, among other topics, virtual judgment, privileged forum, mandates of STF ministers, monocratic decisions and clearer rules for a magistrate to declare himself prevented or suspicious. The issue of salary hangers can also be addressed.
“Judges have a monopoly of applying the right, but not to manage justice. This has to be a task shared with lawyers, prosecutors, academics and society in general,” says the president of OAB-SP.
In the 20 years of the CNJ, the national OAB reinforced the role of law in the evolution of the judiciary. But he was tied to political interests, participating in convescots and influencing the promotions of ministers.
The bridge between Constitutional Amendment 45/2004 and the OAB-SP agenda is in the book “Judicial Reform”, organized by Sérgio Rabello Tamm Renault and Pierpaolo Bottini, published in 2005.
Renault was secretary of reform of the judiciary, an agency created by the then Minister of Justice Bottini was director of administration of the Secretariat of the Secretariat.
The most controversial topics were analyzed in the work by 16 experts (some are on the OAB-SP commission), always with a favorable opinion and another contrary to innovations.
José Eduardo Cardozo wrote about “rights and duties of magistrates and members of the Public Prosecution Service”. Maria Tereza Sadek, about “effectiveness of rights and access to justice”.
Edson Fachin wrote about “the effective protection of fundamental human rights and the reform of the judiciary.” There are those who bet on Fachin changes in the presidency of the Supreme Court.
OAB National President in 2009, defended the transformation of the Supreme into an exclusive constitutional cut. He suggested a ten -year term, without the right to reelection, to members of the Supreme Court.
Ellen Gracie prefers to refer to the reform of the judicial system (includes public agents who do not integrate the judiciary).
Some priorities that it has summarized in the speech of possession still remain expectations: strengthening of the first degree judgments; Easy access to the citizen to justice; Merit evaluations without maneuvers that postpone the final decision; sentences in language understandable to the plaintiff.
for the excessive number of requests for habeas corpus and monocratic decisions. He stated that in no other country the execution of a sentence awaits referendum of the Supreme Court.
The courts of justice were reluctant to comply with the CNJ order, in the management of Ellen, to
In possession of Ellen in the STF, the then president of the OAB, “deepening the discredit” of state institutions.
The first battle of the CNJ, the prohibition of nepotism, remains resistant.
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