Public statement 3/2011: National Justice Council

September 28, 2011
 

Public Statement 3/2011

São Paulo, September 28, 2011.

 

The National Justice Council (CNJ) exerts an administrative, financial and disciplinary control over the Judicial Branch, constituting an essential inspection mechanism in a democratic society. It is one of the primary victories achieved by the judicial reform, to the extent that any attempt to limit its correctional function would represent a setback.

 

The role of the CNJ in safeguarding the principles of impartiality and administrative morality raises the transparency of the Brazilian courts and secures the legitimacy of the justice system. The correctional role of the council, while not intended to place any form of censorship on the freedom of the judiciary, is vital for local courts to be viewed by the population with the respect that is deserved by such an important institution in Brazil’s constitutional architecture.

 

It is well known that the history of the Brazilian Republic is marked by an intense confusion of public and private interests, while there is a culture of privileges shielding public agents from accountability. Pressure from an agency outside the influence of the local authorities has helped improve the integrity and the necessary impartiality for holding accountable members of the judiciary who neglect their constitutional duties. In a republican regime like Brazil’s, no authority can exist without it being subject to inspection.

 

For these reasons, Conectas Human Rights stresses the importance of a transparent judiciary that is free of corporate interests, rejecting any attempt to weaken the role of the CNJ.