Applying a Global Strategy to the Judicial Reform in Brazil
Brazil has emerged as a confident country across the world. Clearly, Brazil is among the first countries that emerged to stimulate the global economy and investment. Early, this year, the government of Brazil initiated new restrictions to preserve enduring foreign direct investment. The politics of Brazil have played a key role in the judiciary. This was recently demonstrated by the current president who sacked various judiciary officials on allegations of irregularities and corruption. While the president's firm political decisions have angered many, they have similarly gained support within the judiciary fraternity (Nunes, 2010). With this introduction about the political situation in Brazil, the following section describes the judicial reform in Brazil. Essentially, the paper follows the standard approach to judicial and legal reform.
Judicial Reforms
Beyond the obscure wrangles on the contributions of the rule of law contributes to economic development, many reformers have adopted diverse global strategies seeking to redesign judicial frameworks in Brazil. The issues related to the evaluation of legal change are further exacerbated by the absence of operational and consensual definitions of key notions like accountability or judicial independence, and the exact thought on the rule of law (Fabri & Contini, 2009). The Democratic and Judiciary Decay in Brazil creates a deficiency in the developing literary works on the comparative investigation of the legislative issues of judicial reform. It offers a succinct platform for assessing the techniques of legal change whilst proposing the key pointers of change performance.
Just recently, the Congress implemented a constitutional amendment driven at producing changes within the judicial system. Almost all sections of the Brazilian constitution have been reformed. Most of the reforms were enacted by the new amendment referred to as "Brazil as Reforma do Judiciario"; this means the judiciary reform (Ryan, 2012).
Binding Precedent: an improved framework of binding precedent contributes to harmonize judicial decisions about issues of constitutionality and law. However, surveys on Brazilian judges established that half of them opposed the binding precedent. They claim that binding precedent petrifies the legal order hindering lower courts to fulfill the dynamic basic needs of the society (Brinks, 2009). A constitutional amendment proposal by the executive to create a binding precedent prompted judges to denounce the beneficial effort. They considered it as an arbitrary attempt aimed at curtailing the liberty of every judge to be independent from hierarchical restrictions. With such heightened protests from the judges, the government endorsed a new amendment that provided an improved framework of binding precedent.
Each sumula vinculante had to deal with the efficacy, interpretation, and validity of laws provoking the proliferation of lawsuits and legal uncertainty. Any judicial ruling or administrative act contradicting a sumula vinculante ought to be nullified. Similarly, any judge of the lower court who declines to comply with this provision is subject to administrative punishment (Ryan, 1998). Before this amendment, only the STF had the authority on direct actions to declaratory and unconstitutionality constitutional actions of the binding precedent.
Certiorari
Contrary to the judges in American Supreme Court, STF Judges lack the writ of certiorari that permits them to deal cases they considered worth their time. This absence of certiorari obliges judges in Brazil to decide a caseload of frivolous cases every month. As a result, judges in Brazil's judiciary system have expressed their concerns that the nation's highest court has been transformed into a small claims court. It is evident that the constitution of Brazil is a convoluted and lengthy document. Therefore, the Brazilian judiciary must establish the writ of certiorari. This will provide the judges with the authority to give priority to the most relevant cases....
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