A -SP (Brazilian Bar Association Section São Paulo) held, on Monday (23), meeting of the installation of commission for the reform of the judiciary, at the headquarters of the entity, in the center of the capital. The meeting discussed the need for improvements in the system.
The Commission aims to draft in one year two proposals to be presented to the presidents of, (Brazil-AP Union), and the (Supreme Court), which will currently be succeeded in September.
“We are very firm in recovering the task of the legislature,” said Leonardo Sica, president of OAB-SP, in an interview after the session. “The legislature is absent in the debate and, therefore, sometimes the judiciary advances, precisely for the absence of the legislature.”
Among the topics that will be debated by the Commission are proceedings guidelines, such as virtual judgment, fees and costs of the judiciary, the right of simultaneous lawyers during the trials, special forum by prerogative function and rules for Mandates in the Supreme Court.
The group is composed by the retired ministers of the Supreme Ellen Gracie and Cezar Peluso, former Justice Ministers and Miguel Reale Jr., political scientist Maria Tereza Sadek, FGV Director Law and columnist of Sheet,, by FGV Teacher Law SP Alessandra Benedito and former presidents of OAB Patricia Vanzolini (São Paulo Section) and Cezar Britto (National).
The launch of the commission occurs in one due to the rules for virtual judgments and the recording of oral support. The context appeared in the lines of Sica and the members of the Commission, as when they defended the predominance of laws on resolutions.
No one, however, was clearer that José Eduardo Cardozo: “Every time I record an oral support and I don’t know who will watch it, it makes me deeply annoyed. I know my client will watch, maybe. Now, I don’t know if she will actually be watched in the magistrates’ offices.”
The group has already had conversations, and one of the topics discussed was the transmission of judgments by the Supreme Court. The perception is that live exhibition influences the performance of ministers, lawyers and parts. One idea would be to maintain broadcasts to debates on abstract constitutional issues, but interrupt them in the debate of concrete cases, especially in criminal matters.
“The most democratic principle that every institution has is the ability to self -coordinate,” says Sica. According to the lawyer, the Court needs to exercise this capacity, because much has been required of it in recent years and this demands counterparts of modernization, updating and participation.
“The Federal Supreme Court has greatly extended his jurisdiction in recent years, and this is visibly harming the court, either by the workload, it is humanly impossible to judge everything that is there, or by politicization. A court that judges many politicians, and the supreme judges excess politicians, ends up naturally politicizing,” he says.
Another proposal that should be discussed is the creation of a code of conduct for magistrates, with the purpose, in particular, to set clearer rules of impartiality. According to the president of OAB-SP, the current guidelines are generic.
The idea would be to ensure that judges have guidance on when they can judge or publicly pronounce on cases in progress, especially considering the growing visibility of the judiciary.
Asked whether the commission would deal with penduricals and scandals for sales of court decisions, Sica denied. According to him, compensation criteria compete with each career, and processes already in progress will not be discussed by the Commission.
