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The judge of the National Court, the Minister Humberto Martins, banned Monday (7/1) the exercise of the functions of judge in the councils, committees and committees external to the judicial power.
The Martins recommendation comes after Rio Wurth Governor Wilson Witzel (PSC) created the Public Security Council of the State of Rio de Janeiro (Consperj), composed of, among others, magistrates and judges. members of the public prosecutor's office. The only additional role that professionals in these careers can play is that of teacher. The positions on the council being of a political nature, it is unconstitutional and illegal to appoint judges and members of Parliament, according to experts ConJur .
According to the document, all Brazilian magistrates, to the STF ministers, that they are not subject to the control of the National Council of Justice, must refrain from exercising functions, even honorary, consultative and unpaid, within councils, committees, commissions or others, of a political or political nature. administrative management of services related to the power or a body outside the judiciary, including public safety councils. "
According to the law, it is also decided that local magistrates should make this recommendation known to the judges who are bound by them, in addition to ensuring compliance with the norm.
Improvement
The corregidor public trust in the judicial system, in the moral authority and in the independence of the judiciary
"Public trust is of paramount importance in a modern democratic society, and independence and impartiality imply a total detachment of magistrates, in fact and appearance of political embarrbadment and abstention from involvement in conflicts of political forces within 39, political or governmental institutions specific to the activities of the executive and legislative powers, "he said.
According to the corregedor, the recommendation aims to improve the activities of the Brazilian justice and will respect the Constitution F the Organic Law of the Judiciary (Loman) and the Code of Ethics of the Judiciary, which prohibit magistrates from exercising, even if they are available, another post or another function, to the 39, except the magisterium.
"Independence and impartiality of the judiciary require a total detachment of judges and the abstention from any involvement in conflicts within political or governmental institutions, specific to the activities of the executive and legislative branches," said the corregedor [19659002] . Click here to read the law. ] function (f, b, e, v, n, t, s)
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