“We do not have to take on the task of judicial activism,” warns Fux

The president of the Federal Supreme Court and the National Council of Justice, Minister Luiz Fux held, this Tuesday (09/29), a meeting with presidents and managers of various organs of the Judicial Power, in order to establish a line of work .

By videoconference, he proposed participatory management capable of increasing efficiency and, mainly, avoiding unnecessary waste. At a time when institutions are under attack, she highlighted the need to regain the respectability of the judiciary.

The minister made two mentions to the matter and made himself available to the presidents to discuss the issues that arise. He stressed that, when there is a slip, “even if it is a small sin, today unfortunately we have a climate in which people like to generalize to sacrifice the Judiciary.”

Then, he described as an objective that the Judicial Power “return to that respectable figure of the local courts and a Supreme Court that enjoys the respectability of the citizens for their examples.” And, commenting in a more exemplary way on the management plans for the next biennium, he left a message to the magistrates.

“We understand that now there is a deleterious role for the Federal Supreme Court to absorb matters that belong to the spheres of other powers. We do not have a government of judges. We do not have to assume this position of judicialization, of judicial activism, when in reality we only know that jurisdiction moves when provoked, “he said.

“There is no judicialization of politics. There is a policy that judicializes its effects when it fails to solve its intramural problems in the arena itself,” he added.

Management plan

Didactically and informally, Fux spoke with the magistrates present, listened to suggestions and detailed what he intends to put into practice. He affirmed that the Judiciary is on the threshold of a new technological revolution and that the CNJ will act to build a management platform for the digital jurisdiction. He cited the use of artificial intelligence.

In the criminal sphere, he pointed to the “Doing Justice” project, whose objective is to rescue people who are imprisoned for longer than the law determines, in addition to promoting programs to promote sports, reading and the generation of work and income for detainees and newborns. graduated from the prison system.

On the other hand, he stated that it is up to the Judiciary to set an example and cited a recent decision to renew, but restrict, Recommendation 62, which deals with incarceration measures in times of epidemic. “Some entities of civil society have not welcomed a lenient and benevolent position of the Judiciary,” he commented.

He also announced the creation of a precedent management secretariat through which the courts themselves will have their full, coherent, stable and respected jurisprudence. On an issue much loved by the Judiciary, he reinforced the need for the courts to respect precedents.

“A country where precedents provide security and legal stability, begins to enjoy seriousness in the World Bank rankings, precisely because no one lives without legal security, trust in public authorities and, above all, without knowing what can or cannot be done. can do. I can do, “he noted.

What the courts want from Fux

The president of the STF and the CNJ listened to some suggestions and issues that deserved more direct attention during the cordial meeting. Judge I’talo Mendes, President of Federal Regional Court of the 1st Region, cited the issue of social security and problems with the judicial forensic. And she promised commitment to the environmental agenda.

Judge Carlos Alberto Alves da Rocha, President of College of Presidents of the Courts of Justice of Brazil, cited the need to respect and maintain the autonomy of the state courts to carry out their own administration. He also called for special attention to custody hearings by videoconference, “an issue that greatly worries and afflicts state justice.”

Judge Jatahy junior, President of College of Presidents of the Regional Electoral Courts, spoke of the challenge of holding municipal elections during the epidemic and promised a commitment, with the support of the National Council of Justice.

Finally the judge Paulo Sérgio Pimenta, President of College of Presidents and Inspectors of the Regional Labor CourtsHe referred to the insistent attempts to extinguish Labor Justice and noted against PEC 32, which makes the administrative reform and, according to him, brings serious damage to the public service.

“The fact that the career of the Judiciary is not affected by the reform should not exclude it from the debate on the issue, because the strength of the Judiciary comes from the solid performance of magistrates and public servants,” he said.