National Council of Justice and the one test: democratizing the Brazilian Judiciary

This article evaluates the potential impacts of the reforms introduced by the National Council of Justice on the composition of the judiciary. By examining the proposal for a unified judicial exam, it explores how this reform could alter the composition of Brazil's judicial elites by addressin...

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Main Author: Davi Everton Vieira de Almeida
Format: Article
Language:English
Published: Universidade de Fortaleza 2024-10-01
Series:Pensar
Subjects:
Online Access:https://ojs.unifor.br/rpen/article/view/14827
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author Davi Everton Vieira de Almeida
author_facet Davi Everton Vieira de Almeida
author_sort Davi Everton Vieira de Almeida
collection DOAJ
description This article evaluates the potential impacts of the reforms introduced by the National Council of Justice on the composition of the judiciary. By examining the proposal for a unified judicial exam, it explores how this reform could alter the composition of Brazil's judicial elites by addressing two major obstacles to judicial democratization: the decentralization of justice administration and the methods of judge recruitment. To assess the centralization sought by the CNJ in contrast to the decentralization advocated by the courts of justice, the article primarily draws on Luciano Athayde’s research on the judiciary as an archipelago. The second part of the article examines the two models used in Brazil for recruiting judges: public examinations and appointments. In discussing the public examination process, the article references the work of Daniela Passos. The debate over the exam is divided into two parts. The first part examines the content of the exam and the skills it prioritizes for the judiciary. It also proposes suggestions for the content of a unified exam. The second part analyzes the socioeconomic profile of judges recruited through public examinations. This is followed by an investigation into the appointment system, also examining the socioeconomic profile of appointed judges, in order to assess the effectiveness of appointments as a tool for democratizing the judiciary.
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spelling doaj-art-a6fa7215bdd54643bf866f26035eaba62025-08-20T02:10:53ZengUniversidade de FortalezaPensar1519-84642317-21502024-10-0129410.5020/2317-2150.2024.14827National Council of Justice and the one test: democratizing the Brazilian JudiciaryDavi Everton Vieira de Almeida0York University, Toronto, Ontario, Canada This article evaluates the potential impacts of the reforms introduced by the National Council of Justice on the composition of the judiciary. By examining the proposal for a unified judicial exam, it explores how this reform could alter the composition of Brazil's judicial elites by addressing two major obstacles to judicial democratization: the decentralization of justice administration and the methods of judge recruitment. To assess the centralization sought by the CNJ in contrast to the decentralization advocated by the courts of justice, the article primarily draws on Luciano Athayde’s research on the judiciary as an archipelago. The second part of the article examines the two models used in Brazil for recruiting judges: public examinations and appointments. In discussing the public examination process, the article references the work of Daniela Passos. The debate over the exam is divided into two parts. The first part examines the content of the exam and the skills it prioritizes for the judiciary. It also proposes suggestions for the content of a unified exam. The second part analyzes the socioeconomic profile of judges recruited through public examinations. This is followed by an investigation into the appointment system, also examining the socioeconomic profile of appointed judges, in order to assess the effectiveness of appointments as a tool for democratizing the judiciary. https://ojs.unifor.br/rpen/article/view/14827diversity in the judiciaryNational Council of Justicejudicial recruitmentnational judiciary examappointment
spellingShingle Davi Everton Vieira de Almeida
National Council of Justice and the one test: democratizing the Brazilian Judiciary
Pensar
diversity in the judiciary
National Council of Justice
judicial recruitment
national judiciary exam
appointment
title National Council of Justice and the one test: democratizing the Brazilian Judiciary
title_full National Council of Justice and the one test: democratizing the Brazilian Judiciary
title_fullStr National Council of Justice and the one test: democratizing the Brazilian Judiciary
title_full_unstemmed National Council of Justice and the one test: democratizing the Brazilian Judiciary
title_short National Council of Justice and the one test: democratizing the Brazilian Judiciary
title_sort national council of justice and the one test democratizing the brazilian judiciary
topic diversity in the judiciary
National Council of Justice
judicial recruitment
national judiciary exam
appointment
url https://ojs.unifor.br/rpen/article/view/14827
work_keys_str_mv AT davievertonvieiradealmeida nationalcouncilofjusticeandtheonetestdemocratizingthebrazilianjudiciary