5. ISSUES FACED BY THE BRAZILIAN JUDICIARY
The Brazilian judiciary is in a state of crisis even after several attempts of reformation . The Society does not have confidence in the judiciary. The Brazilians believe that the perpetrators of the crime are punished inadequately with lenient sentence or punishment.In an opinion poll conducted by Garibaldi Fernandez, it was revealed that 74% of the Brazilians do not have faith in the judiciary. The Issues include the following:
5.1 Judicial Delay
Judicial Delay is a major problem in Judicial system in brazil. On an average, it takes about 5 years for a law suit to be decided in Brazil. Some of the cases are pending since 1940s. Such Excessive delay leads to injustice. The main reason behind …show more content…
The federal justice enters the profession after passing a rigorous Examination, ascending in their career after attaining benchmarks, on the basis of merit and seniority, based on their corporate identity and non-ideological behavior. The Appointment system has politicized but it is much better and transparent in comparison to that of United States. The judges though are appointed by the political nexus but they are the one who apply their rationale as per the law of the land, understand and analyze issues in context to the relevant law and then pass their decisions. This can be evident from the instance cited above in the Executive Appointment section, where the judges appointed by Lula has passed decision against Lula, when it was an action brought against the party of Lula’s PT Administration who were indulged in …show more content…
The reason being inefficiency on the part of the judges to cope up with the pending cases, judicial delay, backlog of law suits and appeal. Thus, there is an urgent need to bring institutional changes in the Brazilian Legal System by increasing number of judges at the lower level, State and Federal Level. The judges are found to be involved in corruption, nepotism and politicization. The Amendment No. 45 of the Constitution of Brazil was an attempt towards Institutional Change for enhancing the efficiency and worth of the Legal system. It brought the concept of binding precedents and certiorari to minimize judicial delay and politicization. The approach to bring real reform and creating judiciary, a justice delivery mechanism in true sense requires a holistic approach from the side of those appointed and the appointing authority to
The Brazilian judiciary is in a state of crisis even after several attempts of reformation . The Society does not have confidence in the judiciary. The Brazilians believe that the perpetrators of the crime are punished inadequately with lenient sentence or punishment.In an opinion poll conducted by Garibaldi Fernandez, it was revealed that 74% of the Brazilians do not have faith in the judiciary. The Issues include the following:
5.1 Judicial Delay
Judicial Delay is a major problem in Judicial system in brazil. On an average, it takes about 5 years for a law suit to be decided in Brazil. Some of the cases are pending since 1940s. Such Excessive delay leads to injustice. The main reason behind …show more content…
The federal justice enters the profession after passing a rigorous Examination, ascending in their career after attaining benchmarks, on the basis of merit and seniority, based on their corporate identity and non-ideological behavior. The Appointment system has politicized but it is much better and transparent in comparison to that of United States. The judges though are appointed by the political nexus but they are the one who apply their rationale as per the law of the land, understand and analyze issues in context to the relevant law and then pass their decisions. This can be evident from the instance cited above in the Executive Appointment section, where the judges appointed by Lula has passed decision against Lula, when it was an action brought against the party of Lula’s PT Administration who were indulged in …show more content…
The reason being inefficiency on the part of the judges to cope up with the pending cases, judicial delay, backlog of law suits and appeal. Thus, there is an urgent need to bring institutional changes in the Brazilian Legal System by increasing number of judges at the lower level, State and Federal Level. The judges are found to be involved in corruption, nepotism and politicization. The Amendment No. 45 of the Constitution of Brazil was an attempt towards Institutional Change for enhancing the efficiency and worth of the Legal system. It brought the concept of binding precedents and certiorari to minimize judicial delay and politicization. The approach to bring real reform and creating judiciary, a justice delivery mechanism in true sense requires a holistic approach from the side of those appointed and the appointing authority to