National Council of Justice
The National Council of Justice (CNJ) (Portuguese: Conselho Nacional de Justiça [kõˈseʎu nɐsjoˈnaw dʒi ʒusˈtʃisɐ]) is an organ of the Brazilian Judicial System created in 2004 by a Constitutional Amendment, as a part of the Judicial Reform. The 15-member Council was established on December 31, 2004, by the 45th Amendment to the Constitution of Brazil, and inaugurated on June 14, 2005. Among its responsibilities are ensuring that the judicial system remains autonomous, conducting disciplinary proceedings against members of the Judiciary, and compiling and publishing statistics on the Brazilian court system.[1] The President of the Council is the President of the Supreme Federal Court.
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According to the Constitution, the CNJ is responsible for safeguarding the autonomy of the Judiciary and ensuring compliance with the Statute of the Judiciary, defining plans, goals, and institutional evaluation programs for the Judiciary, receiving complaints, electronic petitions, and representations against members or bodies of the Judiciary, judging disciplinary proceedings, and improving practices and expediency, publishing biannual statistical reports on jurisdictional activity throughout the country.
Furthermore, the CNJ develops and coordinates several national programs prioritizing areas such as the Environment, Human Rights, Technology, and Institutional Management. Among these are public judicial policies addressing violence against women, reintegrating former prison inmates, promoting of appropriate conflict resolution methods, increasing the productivity of judges and courts, late paternity recognition, adoption of children and adolescents, among others.
Any citizen can contact the Council to file complaints against members or bodies of the Judiciary, including auxiliary services, registry offices, and notary publics and registration services that operate under delegated or officialized public authority. No attorney is required to petition the CNJ.
Composition
The Council is composed of 15 members, including nine judges, two members of the Public Ministry, two lawyers, and two citizens with notable legal knowledge and unblemished reputation. Council members serve a two-year term, with one reappointment allowed. Among the rights and duties of council members established by the Constitution of the Republic (art. 103-B, § 4) and the Internal Regulations (arts. 4, 17, and 18) are, among others:
- Develop projects, proposals, or studies on matters within the CNJ's competence and present them at plenary sessions or committee meetings, following the agenda set by their respective presidents;
- Request information and resources from any bodies of the Judiciary, the CNJ, or other competent authorities, which they deem useful for the exercise of their functions;
- Propose to the Presidency the creation of working groups or committees necessary for the development of studies, proposals, and projects to be presented to the Plenary;
- Propose the convening of technical experts, specialists, representatives of entities, or authorities to provide clarification deemed convenient by the CNJ;
- Request a view of case records in proceedings;
- Attend plenary sessions for which they have been regularly summoned;
- Rule on requests or documents addressed to them within the legal deadlines;
- Act as rapporteurs in cases assigned to them.
Detailed Composition
- the Chief Justice of the Supreme Federal Court, who presides over the Council
- one Justice of the Superior Court of Justice (STJ), who will serve as the Corregidor-Justice
- a Justice of the Superior Labour Court;
- a judge of a State Court of Justice;
- a state judge;
- a judge of a Federal Regional Court, nominated by the Superior Court of Justice;
- a federal judge;
- a judge of a Regional Labour Court;
- a labour judge;
- a member of the Federal Public Prosecutor's Office;
- a member of a state Public Prosecution;
- two lawyers, nominated by the Federal Board of the Order of Attorneys of Brazil, the Brazilian Bar Association;
- two citizens of notable juridical learning and spotless reputation, one of whom nominated by the Chamber of Deputies and the other one by the Federal Senate.
Presidency
The President of the National Council of Justice is also the Chief Justice of the Federal Supreme Court (STF), who is nominated by their peers to a two-year term.
References
- "O que é o CNJ" (in Portuguese). Conselho Nacional de Justiça. 2006. Archived from the original on 2008-04-01. Retrieved 2008-04-29.