Independence of Justice - change in the 1988 Federal Constitution

The 1824 Constitution instituted four Powers. In addition to the Executive, there was the Legislative, the Judicial and the Moderator.

Independence of Justice - change in the 1988 Federal Constitution

This was attributed to the Emperor, who proceeded to embody the prerogatives of dissolving Congress and the Ministerial Cabinet and calling for new parliamentary elections. Within this framework, the Moderating Power mediated conflicts between parties and private powers.

The Brazilian imperial state was built on a contradiction, because, at the same time, in that it was centralizing, it lacked a solid bureaucracy capable of intervening in civil society. Thus, the acceptance of the functioning of the Moderating Power depended on an tacit agreement between the members of the Brazilian elite, which admitted the monarchical centralization in order not to plunge into the fratricidal breakdown.

Justice, in this context, was included within the Ministry of Justice, according to the French model. The imperial Judiciary Power, therefore, did not really enjoy autonomy. Only the Supreme Court of Justice, created by law of September 18, 1828 and installed in 1829, was above the Ministry. At that time, the Supreme Court was fundamentally the final appellate body, still without the power to control the constitutionality of laws, which would only come after the Proclamation of the Republic. It is speculated, however, that shortly before the Proclamation, Dom Pedro II, aware that the monarchy was in crisis, was willing to consider the transfer of the Moderating Power to the Supreme.

The effective autonomy of the Judiciary in Brazil is a recent achievement. It is not working, because in Brazil it has been politicized, being controlled by some dishonest politicians (without generalizing) who create, most of the time, laws to favor organized crime; And along the way it was traveled until the Constitution of 1988 established the financial independence of the Judiciary, in addition to the initiative of law for matters of interest to its judicial administration. Still few functional guarantees, and from some members that contaminate this process of conquest; as the entry into the career through competition and stability, they were only universalized in the country with the Constitution of July 16, 1934.

The conversion of the Rio de Janeiro List into Casa da Suplicação, in 1808, was a decisive step along this path, as it marked the establishment of that Court as the final appellate body for proceedings initiated in Brazil. The attempt to recolonize outlined in the Court of Lisbon in 1821 was intended to nullify this independence, but it was not successful, since Brazil's response was the separation of Portugal.

We need a Judiciary system organized separately, so that the Society can also participate, and the best way to be able to have a strong and fair Judiciary (impartial). As the main reasoning, respect the Federal Constitution of 1988, in its terms: "all are equal before the law" today, only in theory. And, that it be nominated by public contest or by length of service for all participants of the Judicial System. Also no longer linked to appointments by politicians: that is, separate from the Legislative and Executive We want these guarantees to be established in the Law. That they remove the immunity of all members, and that if they participate in crimes (active or passive), they lose all their Public employee rights (And all values ​​obtained through the crime committed).

Can it not also be judged by who appoints them to the position and vice versa? Is that absurd? How can we have legal certainty, if STF Ministers judge President, Deputies and Senators and, on the other hand, those Politicians also deliberate them (when crimes are committed. For them. (Crimes, corruption, or abuses, by both parties)? Everything turns, without generalizing, exchange of favor and great pizza savored among them, without the people being able to do anything, isn't it? TSE always preaches complaints from its Politicians if they committed crimes, for whom? The TSE did not give an address or how to do this, in the sense of curbing organized crime in Brazil! There are no objective and solid tools to separate the wheat from the chaff, that is, if you commit crimes, you have to wait four years, because you are not even removed from office - as far as you are concerned. concerned, they have an immunity that hinders any action on the part of those who are being harmed, in this case, the population. “As you can see, they created means, which should quietly practice crimes in Brazil, without being penalized or even being removed with loss of mand acts, or criminalized - it is rare to go to jail, or return the money to the public safe

And we want more severe penalties for heinous crimes, active and passive corruption, with an obligation to fully return the amounts stolen from the public coffers. If proven, loss of political or public office - with immediate removal since the investigations, after the most severe prison sentence.

"Crime is only practiced when the System is promiscuous, social and harmonious with each other and those who create them (the laws), if they favor their results ..."

Did the population never notice this? Impossible?

Upon approval of the law.

Prof. Jucelino Nobrega da Luz - activist

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