The president of the Supreme Court (STF), minister, said on Tuesday (7) that the evaluation of results proposed in EM cannot serve as an instrument of pressure against court decisions.
The statement was issued in a press release after Fachin meets with the deputy (PSD-RJ), rapporteur of the administrative reform, in his cabinet at the Supreme headquarters.
“Reform should be able to reconcile institutional autonomy with public commitment, avoiding both corporate isolation and submission to bureaucratic logic that do not correspond to the nature of the jurisdictional function. It is essential to recognize that the evaluation of results cannot become an instrument of pressure or interference with judicial decisions,” says Fachin.
The president of the Supreme Court has favorable to “broadly and genuinely republican” administrative reform that reaches all the powers to improve merit, transparency and competition in the entry system.
Fachin highlighted the importance of retaining talent in the judiciary “through fair, transparent and compatible compensation with service to the Republic”.
“The presidency reiterates that constitutional guarantees such as vitality, inmovibility and irreducibility of salaries do not constitute privileges, but instruments indispensable to judicial independence and, therefore, the protection of citizens’ rights and freedoms in the face of eventual arbitrariness of political power,” adds the minister.
In the note, Fachin announces that the Supreme prepares an official demonstration to send to the presidency of the House and Senate about the main points for an administrative reform within the judiciary.
“Relevant aspects that concern the justice system will be duly analyzed in the proper instances, seeking to subsidize the efforts that have been made in the National Congress, aiming to place the Brazilian public service for the benefit of society, and the necessary level to the technological innovations that contemporary brings us,” he adds.
A preview of Pedro Paulo’s report has circulated in Congress. The text foresees a series of changes in the judiciary.
One of the most sensitive considered that judges may lose their positions by deliberation of the CNJ (National Council of Justice) after disciplinary administrative proceedings that ensures broad and contradictory defense.
The Constitution does not give this power to the CNJ and, in the evaluation of judges, may compromise the concept of vitality of magistrates and judicial independence.
Other excerpts from Pedro Paulo’s previous report face strong resistance in the judiciary. The main point prohibits that councils establish “any remuneration or indemnity amount” or grant “increase in compensation or compensation, including retroactive effects”.
This was the form found by the deputy to counteract the penduricals of the judiciary and the prosecutor, usually approved by the councils of the classes and that turns up to R $ 1 million the salaries of the servers, considering the retroactive gains.
For Pedro Paulo’s proposal, eventual penduricals in the judiciary could only be granted upon approval of a bill in the National Congress.
Another point of criticism in the judiciary is what prohibits the granting of compulsory retirement as a sanction for the practice of disciplinary infraction. The solution in the deputy report is the loss of office or dismissal.
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