Banca de DEFESA: Leonardo Sanches Ferreira

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : Leonardo Sanches Ferreira
DATE: 19/08/2024
TIME: 14:00
LOCAL: https://teams.microsoft.com/l/meetup-join/19%3ameeting_MGY3NTE0MjYtOTUwNi00YTg2LTg4ZmEtMThiNDdkODg4Y
TITLE:

THE RESOLUTIONS OF THE NATIONAL COUNCIL OF JUSTICE AS A REGULATORY INSTRUMENT: AN OVERVIEW OF NORMATIVE ACTIVITY FROM 2005 TO 2023

KEY WORDS:

Regulation; National Council of Justice; Normative Power; Overview of Activities

PAGES: 133
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The National Council of Justice (CNJ) was established as a control body of the Judiciary, with the competence to oversee the administrative and financial performance of courts and the fulfillment of judges' duties. Composed of fifteen members with fixed terms, the CNJ has financial, administrative, functional, and decision-making autonomy, making it a regulatory body for judicial activities. One of the ways to exercise this regulation is through the issuance of resolutions, which have been recognized by the Supreme Court as primary normative acts, i.e., with the force of law. Since its inception, the CNJ has issued hundreds of resolutions. Given the importance of these norms, the research problem arises: what does the CNJ regulate? The general objective of this study was to map the normative activity of the National Council of Justice through an analysis of all resolutions issued by the body from 2005 to 2023. The quantities of resolutions issued and revised over time, the themes addressed by the CNJ, the number of resolutions with and without efficacy, and those subject to Supreme Court review were traced. The resolutions were also analyzed and classified according to a structured analysis model divided into 3 broad areas and 16 subfunctions, providing an overview of the CNJ's activities. It was found that, although most normative acts are focused on judicial administration, the CNJ also establishes rules and procedures related to the adjudication of cases, regulating not only the means but also the ends of judicial activity. A significant activity in the area of public policies was identified, promoting measures in favor of vulnerable and minority groups, evidencing a social responsibility agenda. Norms that dialogue with Sunshine regulation were also identified, notably benchmarking and "name and shame," through policies of rewarding good practices and disclosing results, highlighting the most and least efficient courts.

COMMITTEE MEMBERS:
Presidente - 2332291 - ALEXANDRE ARAUJO COSTA
Externa ao Programa - 2132634 - ANA PAULA ANTUNES MARTINS - nullInterno - 2292593 - MARCIO NUNES IORIO ARANHA OLIVEIRA
Externa à Instituição - MARIA PAULA CASSONE ROSSI - STJ