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

The justice system lacks its people

The justice system lacks its people

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Márcio Berclaz Justice promoter

What is the reason why the Public Prosecution Service, the Public Defender's Office and the Judiciary - major expressions of the triangular Brazilian justice system - after all these years, are still little permeable to the dialogue with society about their respective managements?

Apart from accountability capable of conveying data and results obtained, these institutions, each with its own role, should not include permanent democratic mechanisms for listening, with spaces not only for pure and simple participation, but also for deliberation. people? Shouldn't this be one of the concerns of the celebrated strategic planning that often repeats the obvious?

As much as the technical-finalistic performance of each of these entities should ensure a necessary counter-legal trait, listening to society and making room for it to present its various challenges would be a laudable measure for the construction of a more open and effectively democratic justice system. .

Although the justice system relies on the structure of the Ombudsman's Office, the fact that these spaces are normally occupied by people in their own career, with limitations and restrictions on their choice, limits the scope and potential for a transformative dialogue with the community.

The participation of society, before interfering with the merit of the final activity of each career, would certainly have beneficial impacts to oxygenate the administrative management of those careers, either to indicate structuring needs and priorities, or to enhance the media policy, in other words, to stimulate initiatives and strategies capable of enabling greater prevention and faster consensual or restorative conflict resolution, among many other possibilities.

Placing the recipient people as ombudsmen for their justice institutions would be an important step for them to take steps that are in the interests of society, not corporations.

Márcio Berclaz He is a prosecutor in the state of Paraná. PhD student in Social Relations Law at UFPR (2013 / 2017), Master in State Law at UFPR (2011 / 2013). Member of the National Group of Public Prosecution Service Members and the Democratic Public Prosecution Service Movement. Member of the Center for Philosophical Studies (NEFIL) of UFPR. Author of the books “Public Prosecution Service (4) - Jusvpodium Publishing House, 2014) and“ The political-legal dimension of social councils in Brazil: a reading from the Liberation Policy and Legal Pluralism (Lumen Juris Publishing House, 2013).