Recognition, Redistribution and Popular Participation: Towards an Integrative Judicial Policy

UNFINISHED DEMOCRACY IN BRAZIL: JUSTICE SYSTEM AND RISK SCENARIO

UNFINISHED DEMOCRACY IN BRAZIL: JUSTICE SYSTEM AND RISK SCENARIO

FJ Note posted on 19 March 2016

Unfinished democracy in Brazil is largely due to the reluctance of the justice system to deepen the transformations needed to overcome the existing deficit in the face of the regime established by the 88 Political Pact. In addition to obstacles to interinstitutional management and accountabilityObstacles to the installation of democratic mechanisms that drive popular participation in the design of structures and dynamics designed to support rights and support in occasional moments of crisis in national politics. Thus, in the aforementioned system, authoritarian practices, some sadly insular and asphyxiating, persist, fostering the undermining of rights won and promoting a scenario of risk, as happens today in Brazil. This scenario is revealed in the set of notes and news at the end, from various international sources, related to threats to democracy and violations of fundamental rights enshrined in the Brazilian Constitution.

The role of institutions of the justice system, especially the Public Prosecution Service and the Judiciary, in the recent development of Brazilian national policy, also emphasizes the importance of examining the politicization diagnoses of judicial actors, their class, race and gender identities, as well as about the behavior of their class associations and the policies implemented by the institutional leaders. The importance of this system as a place of political disputes is also highlighted, which leads us to the urgency of building a good quality justice system for men and women, according to certain attributes, as provided in the General Recommendation No. 33 of the Committee on Elimination of Discrimination against Women (CEDAW) on women's access to justice.

Strict legalism is well known to have given way to the broadening of the interpretative power of the operators of law, which in itself produces a ground capable of being captured by ideologies and political preferences inherent in the social circle of the agent of the justice system. The procedural space and the judicial policy scene, therefore, would be interconnected, complexifying the urgent debate.

In this context, it is necessary to focus on the Justice Reform underway in Brazil for over a decade and to occupy opportunities for structural changes in the justice system. Although it is in the field of business that most of the reforms of the judiciary are concentrated around the world, as the specialized literature points out, in Brazil a particular framework was outlined, in which a tendency towards democratizing bias was noted, as illustrating the autonomy of the Defensoria. States and other initiatives to strengthen access to justice. In this line, the moment arises to advance the Justice Reform in Brazil, analyzing the possibilities for establishing an integrative judicial policy, in the axis of democracy and under the paradigm of human rights.

Rio de Janeiro, 23 March 2016.

Articulation Forum Justice

List of notes and public manifestations from international organizations regarding the current political conjuncture in Brazil.

International Notes

Note posted on 22 March 2016

Available in Portuguese: https://nacoesunidas.org/cepal-manifesta-preocupacao-diante-de-ameacas-a-democracia-brasileira/

Available in Spanish: http://www.cepal.org/es/comunicados/cepal-manifiesta-su-preocupacion-amenazas-la-democracia-brasilena

Note posted on 22 March 2016

Available in Portuguese: https://nacoesunidas.org/escritorio-de-direitos-humanos-da-onu-afirma-preocupacao-com-contexto-politico-brasileiro/

Available in English: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=18510&LangID=E

Available in Spanish: http://acnudh.org/acnudh-expresa-preocupacion-por-situacion-politica-en-brasil/

Note posted on 18 March 2016

Available in Portuguese: http://www.oas.org/pt/centro_midia/nota_imprensa.asp?sCodigo=P-032/16

Available in Spanish: http://www.oas.org/es/centro_noticias/comunicado_prensa.asp?sCodigo=C-032/16

Available in English: http://www.oas.org/en/media_center/press_release.asp?sCodigo=E-032/16

Note posted on 04 March 2016

Available in Portuguese: http://www.clacso.org.ar/difusion/mensaje_2016_2_portugues.php

Available in Spanish: http://www.clacso.org.ar/difusion/mensaje_2016_2.php

Published 17 March 2016

Available in:http://flacso.org.br/?p=14802

Letter - Solidarity with Dilma and Squid / Solidarity with Dilma and Squid

Published 15 March 2016

Original letter available in Spanish and Portuguese at: http://www.adolfoperezesquivel.org/?p=3890

International News

Available in: https://www.youtube.com/watch?v=zVYl32rtAD8

Published in 18 March 2016

Available in Portuguese: https://theintercept.com/2016/03/18/o-brasil-esta-sendo-engolido-pela-corrupcao-da-classe-dominante-e-por-uma-perigosa-subversao-da-democracia/

Available in English: https://theintercept.com/2016/03/18/brazil-is-engulfed-by-ruling-class-corruption-and-a-dangerous-subversion-of-democracy/

Posted March 2016

Available in: http://www.ocafezinho.com/media-resources-about-brazilian-crisis/

It lists various international press reports about the current crisis in Brazil. The list is updated regularly.

Published in 20 March 2016

Available in: https://www.publico.pt/mundo/noticia/a-justica-partidaria-e-o-limiar-do-golpe-no-brasil-1726722

Published in 18 March 2016

Available in: http://politica.estadao.com.br/noticias/geral,juiz-moro-pode-ter-ido-longe-demais–diz-economist-sobre-grampos,10000021957

Published in 19 March 2016

Available in: http://brasil.elpais.com/brasil/2016/03/19/opinion/1458424342_316271.html