quinta-feira, 1 de dezembro de 2011

The process length, disregarding the recognition and protection of citizen's right.

The assignments for the various judicial bodies favor the application of the law. However it weakens the effectiveness of judicial performance to the present inefficiency of the courts, especially in relation the process length, disregarding the recognition and protection of
citizen's right.
It would be better if we had only one Justice, and not the division of matters to be discussed by the various organs and only a Board of Appeals, as a guarantee of the review of the tyrannical decision of Judge, given the constitutional guarantee of two levels of jurisdiction.

sexta-feira, 4 de novembro de 2011

The limitation of the jurisdictional power of the judge

Faced with the new social reality, the judge should keep in mind that the power granted to him by the state is a limited power, a power that is conferred only to promote social peace. In the exercise of jurisdiction, the judge must draw on the knowledge acquired in social life, for, in applying the law to achieve the goals of the state.

The power of the judge to decide conflicts is not exhausted in the law. It should capture the essence of social behavior, because the principles included in the laws should find support and approval of popular consciousness, the sum of individual consciences.

This social behavior that the judge should take based on the interpretation of the law needs to be evaluated from the principles and guarantees laid down in the Constitution, the predominant expression of the will of a society.

domingo, 16 de outubro de 2011

The inefficacy of the justice access

The inefficacy of the justice access for the people under its jurisdiction, the bad performance of the Judges and the long period of time for the solutions as the preponderant factor for the denial of justice. The Judge’s responsibility before the challenge of pacifying the conflicts born with the so called new rights culminated in the Judge’s social compromise in the searchfor necessary solutions for the improvement of the judicial protection.

domingo, 31 de julho de 2011

The Judge is facing an extremely difficult situation

Currently, the Judge is facing an extremely difficult situation, given the progress of social rights and the reality of the country goes through a tumultuous time in the economic development, since the world is dominated by the economic power, by the calledglobalization” of the economy, through which rich countries dictate the rules of the market and put the least developed countries in difficulty to provide the social development of its population. The new world order gives the growth of social conflicts and overloads the Judiciary. It appears in fact an obvious mismatch between people's needs and what the Government can provide it. The development, unaccompanied by policies due to new demands of the society, gives place to a growing dissatisfaction with the public services, which leads the people to predation, to criticism, to strike. Nothing works and everything is malfunctioning. There is distrust of the public employees. The challenge, therefore, becomes the highest law enforcer in front of the case and the interpretation of its text.

quinta-feira, 26 de maio de 2011

An ethical behavior is required for a Judge

An ethical behavior is required for a Judge, subject to an act of professional conduct, that "[...] Álvaro Lazzarini conceptualized as “a set of rules of conduct of judges, necessary for the full ethical performance of their professional activity in order to ensure not only its good name and reputation, as well as the institution he serves, his mission in the State to distribute justice in achieving the common good. "