Name: JOÃO VITOR SIAS FRANCO
Publication date: 04/06/2019
Advisor:
Name |
Role |
|---|---|
| ADRIANA PEREIRA CAMPOS | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| ADRIANA PEREIRA CAMPOS | Advisor * |
| ANDRÉA SLEMIAN | External Examiner * |
| BRUNELA VIEIRA DE VINCENZI | Internal Examiner * |
Summary: The dissertation has as object of investigation the judge's accountability, legal Institute which aims to oversee the judicial activity and apply sanctions to magistrates who fail to comply with their duties. It was considered that this Institute serves as a tool of legitimacy of the judiciary when allows the magistrate to account their decisions to society. The issue of this research consisted in the discussion of the accountability models focused on the control regime of the judges activities in Brazil, especially considering the paradigms of accountability and independence of Magistracy. Throughout the essay, three ideal (or pure) models of judge's accountability were identified the perfect judge, typical of medieval natural law; the legalistic centralism, characteristic of the modern and dynastic monarchies and, finally, the legal-positivist, dominant in liberal States. The three paradigms served as guide for an evaluation of accountability models in Brazil, in order to allow the identification of historical variations of those models, and, in the end, purpose changes in accountability regime. The overall objective of the dissertation was to contribute to the reflection on the matter, especially on the wear of the current model and the growing requirement of judicial activism. The study developed by means of historical-legal-dogmatic perspective. Undertook the survey of legislative, jurisprudential and journalistic sources was carried out for the proposed research.
Keywords: Accountability. Judiciary. Judges. Judicial organization. History of brazilian law.
