Post by account_disabled on Jan 11, 2024 4:26:34 GMT -5
virtue of the Constitution, then it cannot be done in other branches either. I think it will have a domino effect. ConJur — In addition to the issue of nepotism, the CNJ has already banned vacations and determined that the promotion of judges be done through an open and reasoned vote. Will anyone who does not comply with the council's resolutions suffer any punishment? Alexandre de Moraes — Failure to comply with an administrative determination is equivalent to a disciplinary infraction, which must be investigated. It works like any disciplinary infraction within the courts. But there will hardly be any non-compliance, because the court presidents themselves have become aware.
Servants, relatives of members of the Judiciary, who are not identified and continue in office, may be held responsible for administrative improbity. As for the holidays, it is necessary to explain that there was no non-compliance, as many consider. At the first meeting of the CNJ, the understanding was that the provision in Constitutional Amendment 45 that puts an end to collective vacations was self- Phone Number List applicable. It was just a recommendation. Some courts maintained the vacation in July and explained the reasons. Now, yes, there is a determination that must be fulfilled. ConJur — The Judiciary's resistance to the council was very great at the beginning. And now, has it decreased? Alexandre de Moraes — The resistance from the class associations themselves was very great.
Several courts were also and still are against the idea of the Council centralizing administrative matters. But this is a reality, established by constitutional amendment, and the Judiciary is aware of the need to comply with the legislation. If the Judiciary preaches civil disobedience, it is itself the loser. If they don't respect constitutional decisions, then no one needs to respect them. I am absolutely certain that even those who are against the council will respect our decisions. ConJur — And who can overturn the council’s resolutions? Alexandre de Moraes — Only the Supreme Court.
Servants, relatives of members of the Judiciary, who are not identified and continue in office, may be held responsible for administrative improbity. As for the holidays, it is necessary to explain that there was no non-compliance, as many consider. At the first meeting of the CNJ, the understanding was that the provision in Constitutional Amendment 45 that puts an end to collective vacations was self- Phone Number List applicable. It was just a recommendation. Some courts maintained the vacation in July and explained the reasons. Now, yes, there is a determination that must be fulfilled. ConJur — The Judiciary's resistance to the council was very great at the beginning. And now, has it decreased? Alexandre de Moraes — The resistance from the class associations themselves was very great.
Several courts were also and still are against the idea of the Council centralizing administrative matters. But this is a reality, established by constitutional amendment, and the Judiciary is aware of the need to comply with the legislation. If the Judiciary preaches civil disobedience, it is itself the loser. If they don't respect constitutional decisions, then no one needs to respect them. I am absolutely certain that even those who are against the council will respect our decisions. ConJur — And who can overturn the council’s resolutions? Alexandre de Moraes — Only the Supreme Court.