National Council of Justice

Last updated
National Council of Justice
Conselho Nacional de Justiça
Sede cnj premium.jpg
The CNJ headquarters in Brasília
Logo cnj.jpg
EstablishedDecember 31, 2004;18 years ago (2004-12-31)
Location Brasília, Federal District, Brazil
Coordinates 15°48′13″S47°52′08″W / 15.803616°S 47.868997°W / -15.803616; -47.868997
Authorized by Constitution of Brazil
Judge term length2-year term
Number of positions15
Website www.cnj.jus.br OOjs UI icon edit-ltr-progressive.svg
President
Currently Rosa Weber
Since12 September 2022

The National Council of Justice [lower-alpha 1] (CNJ) is an administrative and oversight organ of the Brazilian Judiciary created by constitutional amendment in 2004 as a part of judicial reform. Among its responsibilities are ensuring that the judicial system remains autonomous, conducting disciplinary proceedings against members of the Judiciary, and compiling and publishing statistics on the Brazilian court system. [1] The Council has nationwide jurisdiction over all courts except the Supreme Federal Court, but makes no rulings on cases and does not review judgements of other courts. Its fifteen members are chosen by the Supreme Federal Court for two-year terms.

Contents

Founding

The 15-member Council was established on December 31, 2004, by the 45th Amendment to the Constitution of Brazil, and inaugurated on June 14, 2005. [1] The President of the Council is the President of the Supreme Federal Court.

History

The idea of the National Council of Justice began as an initiative of the President of the Republic in 1977 with Constitutional Amendment 7 which amended the 1967 Constitution. [2] The initiatve added the "Conselho Nacional da Magistratura" to article 112, and added a new section III, article 120 about the Conselho. It was made up of seven members of the STF, chosen by the STF itself with the participation of the Prosecutor General of the Republic for a two-year term. This was later regulated by complementary Law 35/1979 (Organic Law of the Judiciary - LOMAN). It had a disciplinary function, with national jurisdiction over complaints against members of the courts, and personnel issues such as retirement and benefits. The question of jurisdiction arose, regarding indpendence of the judiciary, but didn't go anywhere, and the Council was seen as only a general internal affairs office. [2]

During the period of redemocratization in Brazil, the question arose again, with the Afonso Arinos Commission, supported by the Brazilian Bar Association, which proposed the creation of an external control "Council" with administrative and oversight duties. However, the proposal failed in the face of pressure from the national judiciary, which named fears about judicial independence, breach of the separation of powers, and absence of similar bodies in the executive or legislative branches. [2]

In 1992, the debate was taken up once again, this time in the National Congress, at the same time as the Judiciary Reform (Reforma do Judiciário). After a lot of back-and-forth, constitutional amendment 45 was finally approved in 2004, and the CNJ was inaugurated on June 14, 2005, expanding the original disciplinary function of the Conselho, and adding administrative and planning functions. The oppositional theory that the CNJ was unconstitional because of breach of judicial independence was quashed by the STF, which ruled, in ADI 3.367, that because it does not judge any case nor have any jurisdiction over the day-to-day operation of the judiciary, there was no such issue of breach of judicial independence. [2]

Role and responsibility

The National Council of Justice is a body of the Judiciary of Brazil whose goal is to improve the work of the Brazilian judicial system, mainly with regard to control and administrative and procedural transparency. In addition, it seeks to prioritize the efficiency of judicial services, formulating and executing national judicial policies and acting in the promotion and dissemination of best practices. [3]

Constitutional role

According to the Constitution, the CNJ is responsible for safeguarding the autonomy of the Judiciary and ensuring compliance with the Statute of the Judiciary, defining plans, goals, and institutional evaluation programs for the Judiciary, receiving complaints, electronic petitions, and representations against members or bodies of the Judiciary, judging disciplinary proceedings, and improving practices and expediency, publishing biannual statistical reports on jurisdictional activity throughout the country.

Furthermore, the CNJ develops and coordinates several national programs prioritizing areas such as the Environment, Human Rights, Technology, and Institutional Management. Among these are public judicial policies addressing violence against women, reintegrating former prison inmates, promoting of appropriate conflict resolution methods, increasing the productivity of judges and courts, late paternity recognition, adoption of children and adolescents, among others.

Jurisdiction and limitations

The role of the CNJ is purely constitutional-administrative, with financial and disciplinary control of the judiciary, but without any legislative or jurisdictional authority. It is thus forbidden to act in any way that would innovate new legal theories (ADI 3367). It is also forbidden to act as a court of cassation, or in review of any judicial decision, and in particular it is excluded from jurisdiction on questions of constitutionality. [2]

Further, the Supreme Federal Court (STF) defined the jurisdiction of the CNJ as being below that of the STF, thus placing the STF at the top of the hierarchy of the Brazilian judiciary, and placing all acts and decisions of the Council as subject to the control of the STF. In other words, the oversight role of the Council does not include the acts and members of the STF, but does include everything else below it. [2]

The STF confirmed (in sumula 649) that the Council has national scope, and that the states are barred from creating a local judiciary control body that is outside the framework of the national judiciary. [2]

Complaints

Any citizen can contact the Council to file a complaint against members or bodies of the Judiciary, including auxiliary services, registry offices, and notary publics and registration services that operate under delegated or officialized public authority. No attorney is required to petition the CNJ.[ citation needed ]

Composition

The council is made up of 15 members with a two-year term of office, reelection being permitted, as follows: [4]

Presidency

The President of the National Council of Justice is also the Chief Justice of the Supreme Federal Court (STF), who is nominated by their peers to a two-year term.

Rights and duties

Among the rights and duties of council members established by the Constitution (art. 103-B, § 4) and the Internal Regulations (arts. 4, 17, and 18) are, among others:

Related Research Articles

<span class="mw-page-title-main">Judiciary of Russia</span> Statutory body with hierarchical structure

The Judiciary of Russia interprets and applies the law of Russia. It is defined under the Constitution and law with a hierarchical structure with the Constitutional Court and Supreme Court at the apex. The district courts are the primary criminal trial courts, and the regional courts are the primary appellate courts. The judiciary is governed by the All-Russian Congress of Judges and its Council of Judges, and its management is aided by the Judicial Department of the Supreme Court, the Judicial Qualification Collegia, and the Ministry of Justice, and the various courts' chairpersons. And although there are many officers of the court, including jurors, the Prosecutor General remains the most powerful component of the Russian judicial system.

<span class="mw-page-title-main">Supreme Federal Court</span> Supreme court of Brazil

The Supreme Federal Court is the supreme court of Brazil, serving primarily as the Constitutional Court of the country. It is the highest court of law in Brazil for constitutional issues and its rulings cannot be appealed. On cases involving exclusively non-constitutional issues, regarding federal laws, the highest court is, by rule, the Superior Court of Justice.

<span class="mw-page-title-main">Law of Brazil</span> Law system of Brazil

The law of Brazil is based on statutes and, partly and more recently, a mechanism called súmulas vinculantes. It derives mainly from the civil law systems of European countries, particularly Portugal, the Napoleonic Code and the Germanic law.

<span class="mw-page-title-main">Superior Electoral Court</span>

The Superior Electoral Court is the highest body of the Brazilian Electoral Justice, which also comprises one Regional Electoral Court in each of the 26 states and the Federal District of the country, as determined by the Article 118 of the Constitution of Brazil.

<span class="mw-page-title-main">Supreme court</span> Highest court in a jurisdiction

In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts.

<span class="mw-page-title-main">Supreme Court of Justice (Portugal)</span> Highest court in Portugal

The Supreme Court of Justice is the highest court of law in Portugal without prejudice to the jurisdiction of the Constitutional Court.

<span class="mw-page-title-main">Judiciary of Portugal</span> Overview of court system in Portugal

The judiciary of Portugal is a system of courts that together constitute one of the four organs of Sovereignty as defined by the Portuguese Constitution. The courts are independent from the other three Portuguese organs of Sovereignty.

<span class="mw-page-title-main">Constitutional Court of Russia</span>

The Constitutional Court of the Russian Federation is a high court within the judiciary of Russia which is empowered to rule on whether certain laws or presidential decrees are in fact contrary to the Constitution of Russia. Its objective is only to protect the Constitution and deal with a few kinds of disputes where it has original jurisdiction, whereas the highest court of appeal is the Supreme Court of the Russian Federation.

<span class="mw-page-title-main">Superior Court of Justice (Brazil)</span> Highest body of the Judiciary in Brazil

The Superior Court of Justice is the highest appellate court in Brazil for non-constitutional questions of federal law. The STJ also has original jurisdiction over some cases. Its competence is described in Article 105 of the Brazilian Constitution of 1988.

<span class="mw-page-title-main">Regional Federal Courts</span>

The Regional Federal Courts are the courts of appeal of Federal Courts of Brazil. They represent the second instance courts of the Brazilian Federal Justice system and are responsible not only for appeal processes against trial court decisions, but also for writs of security, Habeas corpus, and Habeas data against acts by federal judges, motions to set aside judgments, criminal revisions, and conflicts of jurisdiction.

The federal court system of Brazil has all its organs and competences listed and defined in the Brazilian 1988 Constitution. The National Justice Council is an exclusively administrative organ of the federal court system.

<span class="mw-page-title-main">Gilmar Mendes</span> Brazilian politician

Gilmar Ferreira Mendes is a Brazilian Justice of the Supremo Tribunal Federal, appointed by then President Fernando Henrique Cardoso in 2002. Mendes was the Chief Justice of the Court for the 2008–2010 term. Earlier, he had been the Attorney General from 2000 to 2002.

<span class="mw-page-title-main">Superior Labor Court</span>

The Superior Labor Court or Tribunal Superior do Trabalho (TST), in Portuguese, is the highest Brazilian appellate court for labor law issues. Its headquarters are located in Brasilia, near the American Embassy.

<span class="mw-page-title-main">Judiciary of Spain</span>

The Judiciary of Spain consists of Courts and Tribunals, composed of judges and magistrates (Justices), who have the power to administer justice in the name of the King of Spain.

<span class="mw-page-title-main">Judiciary of Brazil</span> Public entities designated by the Brazilian constitution

The Judiciary of Brazil is the group of public entities designated by the Brazilian constitution to carry out the country's judicial functions.

<span class="mw-page-title-main">Federal government of Brazil</span> Executive authority of Brazil

The Federal Government of Brazil is the national government of the Federative Republic of Brazil, a republic in South America divided into 26 states and a federal district. The Brazilian federal government is divided into three branches: the executive, which is headed by the President and the cabinet; the legislative, whose powers are vested by the Constitution in the National Congress; and the judiciary, whose powers are vested in nine organs, including the Supreme Federal Court and lower federal courts. The seat of the federal government is located in Brasília.

<i>Rcl 12876 and MS 32077</i>

Rcl 12876 and MS 32077, are landmark Brazil Supreme Court cases.

<span class="mw-page-title-main">President of the Supreme Federal Court</span>

The President of the Supreme Federal Court is the highest-ranking officer of the Brazilian judiciary branch. The holder is also president of the National Council of Justice (CNJ). Among their attributions are the representation of both the Court and the Council before the other branches of government and authorities, the presidency of plenary sessions of both institutions, enforce the Court and Council bylaws, the decision of points of order in both of its subjection to their respective floors, the decision of injuction during recess or vacation and swear in justices of the Supreme Court and councillors of CNJ.

In the European continental judicial tradition, the national councils of the judiciary are institutions on judicial administration that ensure the self-management of the judiciary and the effective delivery of justice, which are autonomous or independent of the executive and legislature.

<span class="mw-page-title-main">Eliana Calmon</span> Brazilian judge

Eliana Calmon is a Brazilian jurist and magistrate. She was the first woman to be a member of Brazil's Superior Court of Justice (STJ), a position she held from 1999 to 2013. She is also known as the author of a cookbook.

References

Notes
  1. National Council of Justice: in Portuguese: Conselho Nacional de Justiça [kõˈseʎu nɐsjoˈnaw dʒi ʒusˈtʃisɐ] .
Citations

Works cited