O conselho nacional de justiça e o porvir: em busca da delimitação de competência

Abstract

Created a few years ago, by Constitutional Amendment N° 45 of 2004 (Reform of the Judiciary), the National Council of Justice needs to have its jurisdiction better defined. In this sense is that, initially sought to give an overview about the process of criation of this institutionand its insertion in the Judiciary. Based on the exposure of its powers and its composition, both contained in the Federal Constitution, analyzed the questions experienced by that institution before the Supreme Court. Thus, analyzing some lawsuits that inquires the Council's actuation is that it sought to draw a more precise delineation of their duties. Given the constant attempts to limit his powers through actions filed in the Supreme Court and the consequent institutional instability generated by these actions, it was concluded by the need for better delineation of the powers of this institution, so that the Council doesn't be subjected to different understandings as the member's composition of the Supreme varies. Finally, we analyzed the Proposed Constitutional Amendment n° 97/2011, which seeks to define more clearly the powers of the National Council of Justice. In this ambience is that, sought through doctrinal analysis, case law and legislation, a better understanding of the action of the National Council of Justice, concluding the need for better delineation of their duties so that they ara not emptied through the narrow interpretation brought in actions proposed by the associations of judges to the Supreme Court.