Levando a administração judiciária a sério: como uma boa política de gestão pode contribuir para a credibilidade social e para legitimidade do poder judiciário

Abstract

Frequent studies in Brazil have been highlighting the transition from economic liberalism to a welfare state, especially using the main theoretical matrices from Europe and the United States. However, the academy lacks studies concerning the relationship between Justice and Brazilian singular politics and society, which have given shape to an authoritarian state, a dependent society, and politics where the Judiciary’s and other spheres’ activities end up entangled. Therefore, this thesis intends to contribute to the study of the relationship between politics and law, and its impact on the judicial administration. Based on the theoretical framework of the concept of integrity presented by Ronald Dworkin, it will be identified to what extent moral integrity, combined with a policy of governance and a democratic management of the Judiciary, can help to overcome the crisis of credibility and legitimacy for the exercise jurisdictional function. It uses the deductive model as methodology, based on three essential premises: first, there is a credibility crisis in the Judicial system; second, public administration has established itself as an autonomous and important branch in the scientific field; third, democracy is essential for building a model that offers equal consideration and respect to all individuals, enabling citizens to exercise fundamental rights. Extensive bibliographical research, case study and analysis of opinion polls were carried out to prove the interrelation between those premises. In conclusion, it is argued that the credibility crisis of the legal system (and of jurisdiction’s legitimacy) requires change in the judge's stance to value ethical and moral precepts, not only in the judicial decision, but also in the administrative governance of the Courts. Finally, it was identified, in addition to the need for a management policy that respects values like ethics, morality, solidarity and equity, that the Judicial administration must also be permeated by a more democratic action, one which brings the citizen closer to the justice system, reducing the current gap between these social actors, which reinforces the Judiciary’s loss of credibility. It was found that the democratization of the judiciary system does not only involve expanding access to means of conflict resolution, but also the necessary revision of the structure of organization and functioning of Organs judiciary bodies. The true approximation of Justice to society will not only occur through the increase of judicial units or judges, but through the real approximation between the judiciary and society. This change in perspective involves the approximation and cohesion between the judicial activity and the judiciary administration, or, in in other words, in the approximation between the core activity and the middle activity carried out by the Judiciary.