Post by account_disabled on Jan 11, 2024 17:06:34 GMT 8
But there will hardly be any non-compliance, because the court presidents themselves have become aware. Servants, relatives of members of the Judiciary, who are not identified and continue in office, may be held responsible for administrative improbity. As for the holidays, it is necessary to explain that there was no non-compliance, as many consider. At the first meeting of the CNJ, the understanding was that the provision in Constitutional Amendment 45 that puts an end to collective vacations was self-applicable. It was just a recommendation. Some courts maintained the vacation in July and explained the reasons. Now, yes, there is a determination that must be fulfilled.
ConJur — The Judiciary's resistance to the council was very great at the beginning. And now, has it decreased? Alexandre de Moraes — The resistance from the class associations themselves was very great. Several courts were also and still are against the idea of the Council centralizing administr Phone Number List ative matters. But this is a reality, established by constitutional amendment, and the Judiciary is aware of the need to comply with the legislation. If the Judiciary preaches civil disobedience, it is itself the loser. If they don't respect constitutional decisions, then no one needs to respect them. I am absolutely certain that even those who are against the council will respect our decisions.
ConJur — And who can overturn the council’s resolutions? Alexandre de Moraes — Only the Supreme Court. ConJur — How is the STF and CNJ relationship? The Council investigates Supreme Court ministers, who can challenge the advisors' decisions. Alexandre de Moraes — It’s the rules of the game. The Brazilian characteristic is judicial review for everything. Therefore, the Council could not be created without any review body. If that were the case, we would be changing the leadership of the Judiciary. The last instance would no longer be the Supreme Court, but the CNJ. But, like the council, the Supreme Court will also not be able to analyze the merits of the counselors' resolutions.
ConJur — The Judiciary's resistance to the council was very great at the beginning. And now, has it decreased? Alexandre de Moraes — The resistance from the class associations themselves was very great. Several courts were also and still are against the idea of the Council centralizing administr Phone Number List ative matters. But this is a reality, established by constitutional amendment, and the Judiciary is aware of the need to comply with the legislation. If the Judiciary preaches civil disobedience, it is itself the loser. If they don't respect constitutional decisions, then no one needs to respect them. I am absolutely certain that even those who are against the council will respect our decisions.
ConJur — And who can overturn the council’s resolutions? Alexandre de Moraes — Only the Supreme Court. ConJur — How is the STF and CNJ relationship? The Council investigates Supreme Court ministers, who can challenge the advisors' decisions. Alexandre de Moraes — It’s the rules of the game. The Brazilian characteristic is judicial review for everything. Therefore, the Council could not be created without any review body. If that were the case, we would be changing the leadership of the Judiciary. The last instance would no longer be the Supreme Court, but the CNJ. But, like the council, the Supreme Court will also not be able to analyze the merits of the counselors' resolutions.