Democracia e poder judiciário: estudo sobre legitimidade e institucionalização da opinião e da vontade

Marcella da Costa Moreira de Paiva; Gilvan Luiz Hansen; Simone Brilhante de Mattos

doi:10.5433/2178-8189.2020v24n3p50

Democracy and the judicial branch: a glimpse of legitimacy and the institutionalization of opinion and willingness

Authors

Marcella da Costa Moreira de Paiva Universidade Federal Fluminense https://orcid.org/0000-0003-1002-5159
Gilvan Luiz Hansen Universidade Federal Fluminense https://orcid.org/0000-0002-0785-5752
Simone Brilhante de Mattos Universidade Federal Fluminense https://orcid.org/0000-0003-4460-6517

DOI:

https://doi.org/10.5433/2178-8189.2020v24n3p50

Keywords:

Judicial Branch, Conselho Nacional de Justiça, Jürgen Habermas, democracy, participative management.

Abstract

The Brazilian judicial branch is the only branch of government in which the people do not vote for its members. In this regard, it suffers a severe democratic deficit. Moreover, its control system pertains to the institution, namely from a courts internal controls and the Brazilian National Council of Justice, which is an administrative entity with relative autonomy. Furthermore, its current inspection and supervision system suffers obstacles because of current judiciary members. Additionally, it does not have mechanisms for social control and participatory management, which are essential for implementing an institutional democracy. Apart from that, better governance also generates better credibility for its expert system, allowing it to function properly. From a Habermasian democratic perspective, this study investigates the judiciary's management and control system. Finally, it uses the inductive method and the bibliographic methodology to examine management plans and the institutionalization of opinion and willingness within the Judiciary.

Downloads

Download data is not yet available.

Author Biographies

Marcella da Costa Moreira de Paiva, Universidade Federal Fluminense

University Professor in the Post-Graduation of Civil Procedure and Legal Management at the Brazilian Institute of Capital Markets (IBMEC). University Professor of the Law Course at Salgado de Oliveira University (UNIVERSO). Doctoral student in Law at the Graduate Program in Law, Institutions and Business (PPGDIN), at Universidade Federal Fluminense. Master by the University of Vigo, Spain. Master in Administrative Justice, under the line of research Ethics and Justice, at Universidade Federal Fluminense. Post-graduated in the MBA in Business Law at Fundação Getúlio Vargas (FGV).

Gilvan Luiz Hansen, Universidade Federal Fluminense

Graduated in Philosophy from the University of Passo Fundo (1985), Graduated in Law from the Centro Universitário Plínio Leite (2010), Master in Philosophy from the Pontifical Catholic University of Rio Grande do Sul (1997) and PhD in Philosophy from the Federal University of Rio de January (2004). He is currently a professor in the Private Law Department of the Universidade Federal Fluminense, professor of the Law Graduation, of the Doctorate in Rights, Institutions and Business (PPGDIN), of the Master and Doctorate in Legal and Social Sciences (PPGSD).

Simone Brilhante de Mattos, Universidade Federal Fluminense

Graduated in Law from Instituto Metodista Bennett (1987), Master in Postgraduate Program in Sociology and Law from Universidade Federal Fluminense (2017) and Master in Sociology and Law from Universidade Federal Fluminense (2017). He is currently a professor at the Salgado de Oliveira University, professor - Reginaldo Linhares Concursos e Apostilas and a master at the Universidade Federal Fluminense.

Downloads

PDF (Português (Brasil))

Published

2020-11-30

How to Cite

de Paiva, M. da C. M., Hansen, G. L., & de Mattos, S. B. (2020). Democracy and the judicial branch: a glimpse of legitimacy and the institutionalization of opinion and willingness. Scientia Iuris, 24(3), 50–72. https://doi.org/10.5433/2178-8189.2020v24n3p50

Download Citation

Issue

Vol. 24 No. 3 (2020)

Section

Artigos

License

This work is licensed under a Creative Commons Attribution 4.0 International License.

The journal reserves the right to modify, in the original text of the submitted article, normative, spelling and grammatical mistakes in order to maintain the cultured standard of language and the credibility of the journal. The journal will respect the authors' writing style. Changes, corrections or suggestions of conceptual order will be sent to the authors, when necessary. In such cases, the articles will be re-examined. The final exams will not be sent to the authors. The published works become the property of the journal, in other words, its total or partial reprinting is subject to the express authorization of the journal. In all subsequent citations, the original source of publication shall be cited and in the case of Photographic Speeches, shall be approved by the original author. The opinions expressed by the authors of the journal’s articles are of their sole responsibility.