Judicial Council Analysis

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3.4Judicial Council In General, Judicial councils are bodies that are designed to insulate the functions of appointment, promotion and discipline of judges while ensuring some level of accountability . Brazil’s first judicial council was created in 1977. The primary function of the council was merely disciplinary in nature and had no financial or budgetary functions. The 1977 version of Council was able to do little about the political military influence within the court. The judicial independence was much more seen in the period of 1988 and 2004. In 2004, with an amendment, a new judicial council with a different structure was introduced consisting of 9 judges, 2 prosecutors, 2 lawyers and 2 layman appointed by legislature . These attempts…show more content…
The primary goal behind it was to enhance accountability and transparency in the internal working of judiciary. Legality of the said council was challenged by the Brazilian Bar Association. They contended that such a body undermines judicial independence. On the other hnd, the advocated who argued for external control put forth their views stating that such a council would be a valid mechanism to discipline the wayward judges who otherwise would be protected by the corporatist interest of the other court members . The federal Supreme Court in this case ruled with a majority of 7:4 that the council was constitutional and was not a barrier to judicial independence . They further argued that judicial independence cannot serve as an excuse for irresponsibility therefore the National Judicial Council can be seen as a democratic pre-requisite in terms of ensuring that a judge’s misbehavior or omission will no longer go unpunished. Professor Dalmo de Abreu Dallari maintains that such a council can transform a judiciary into truly democratic power. 4. METHODS OF JUDGE APPOINTMENT 4.1 Trial Court…show more content…
If one appellate judge was selected by merit then the next one will be chose by merit, and vice versa. In cases where the judges are selected based on seniority, the appellate court may only reject the senior judge based on a decision arrived at by reasoned voting with a majority of two third and the candidate is ensured full defence. As far as the question of elevation is concerned based on the criteria of merit, it is done according looking at the way a judge performs and his reliability while exercising his functions as a judge, or while he attended recognized higher learning courses. Merit based promotion requires two years in office in the respective level and that the judge should appear in the top fifth of the seniority list of such level, unless no one satisfying such requirements is willing to accept the vacant post . Any judge who has entered a merit list three times consecutively or five times non consecutively, has to be promoted on a mandatory basis. Federal appellate judges have to be selected in their respective regions, wherever possible, who must be Brazilian nationals between the age of thirty to sixty five at the time of appointment. Career federal judges who receive promotion by either seniority or merit generally occupy majority of the seats in federal regional courts. The

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