"You can not understand the complacency of the government with the judges' strike"

NOTThe day the judges exercise their duties on the third day of the strike, Vital Moreira emphasizes in an article published on the blog Causa Causa that "we do not understand the complacency of the government with regard to the strike judges ", to the extent that it is socially irresponsible. it is an illegal act, as the constitutionalist Jorge Miranda also defends.

Recalling the arguments already enumerated in the Causa Nossa, Vital Moreira stresses that judges "Are not they full-fledged workers, because they do not have a subordinate labor relationship, but rather holders of sovereignty organs, courts".

And it concludes: "Sovereignty can not strike."

The constitutionalist adds that judges "must guarantee citizens' access to the courts and to justice, which, in a constitutional state of law, constitutes a fundamental right of the people and an essential obligation of the state" .

In this sense, he continues, "Strike can not exempt judges from the performance of this obligation", constituting the suspension of criminal jurisdiction "a qualified breach of that obligation".

For these reasons, Vital Moreira does not understand "the complacency of the government with regard to the strike of the judges, refraining from denouncing its illegality or preparing to negotiate with the parties concerned, the strike being declared" .

According to the constitutionalist, those in charge of the judiciary, "instead of regretting the negative effects of the strike" – as some did, should "declare it illegal and determine the consequences of disciplinary action ".