The Brazilian National Councils of Justice and Public Ministry as Instruments of Accountability

Resumo

Councils acting in the Justice System in democracies have different purposes: to strengthen the independence of the judiciary and the public prosecutor’s office, to increase accountability of judges and prosecutors, or/and to improve justice management. This article analyzes the Brazilian National Council of Justice (CNJ) and the National Council of the Brazilian Public Prosecutor’s Office (CNMP), particularly regarding their purpose as instruments of accountability. The study shows that these bodies were created as instruments to increase transparency and compel judges and prosecutors to be held accountable for their actions and choices. The hypothesis tested in this research is that the two councils did not meet this expectation. The CNJ and CNMP were analyzed for their institutional design, discussing how the composition and distribution of positions at the council encourage independence of the judges and prosecutors rather than accountability. In addition, the article offers data on the councils’ decisions when accusations were presented. Finally, the analysis revealed that CNJ and CNMP are mainly composed of internal members of the Judiciary and the Public Prosecutor’s Office, and identified a lack of expressive punishment applied to judges and prosecutors. Therefore, the hypothesis that the councils do not work as instruments of accountability was confirmed.

Ficha do documento

Tipo

Artigo científico

Ano

2020

Instituição

Escola Brasileira de Administração Pública e de Empresas da Fundação Getulio Vargas (FGV EBAPE)

Fonte

Revista de Administração Pública

Idioma

Português

Acesso

Não informado

DOI

10.1590/0034-7612201900212

Identificador

oai:ojs.periodicos.fgv.br:article/82214

Licença

https://creativecommons.org/licenses/by/4.0

Temas

Governança

Palavras-chave

judiciarypublic prosecutor’s officeaccountability.Poder JudicialMinisterio Públicojudiciário