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publicado em 26/04/2012 às 18h53:00
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The judicial reform

 
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Foto: CRM/PI
-Fernando Correia Lima is president of the Regional Council of Medicine of the State of Piauí (CRM-PI)
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-Fernando Correia Lima is president of the Regional Council of Medicine of the State of Piauí (CRM-PI)

Increasingly, the Health Law and the present approach points. It is indisputable and undeniable that Judicialization Health brings sometimes some advantages, and other major difficulties in its implementation.

The archaic structure of our judiciary, largely responsible for long delays in the Brazilian courts, debate is so useless against the renewal of its staff and the strong and unanimous pressure from society. We could reflect on some related facts.

Recently, a judge had the honesty and courage prolatar against the full force of the Executive, favorable decision on grievance filed by the Regimental Association of Physicians against a decision which determined suspension of the strike, under penalty of daily fines, paredista characterizing the movement as legitimate, legal and constitutional. He noted that many public health problems of the state, as well as in Brazil, not the result of stoppage strike, but originate in the absence of planning and physical structure that are the responsibility of the Public Administration and their managers.

Brazilian society and, particularly, jurists, feel the urgent need to reform the judiciary. Earlier this year, the Supreme Court decided that the National Judiciary Council (CNJ) would behave autonomously and concurrently the internal affairs of the local courts, or could act independently and magistrates to open investigations against suspected irregularities. We want more. We strive to create in the Länder the State Councils of Justice, effective control, with elected councilors and the Institute of forfeiture if the people elected not comply with the commitments of the campaign.

The Brazilian system of selection, as a rule, is the salutary public tender with participation of OAB. In the courts there is the so-called fifth constitution, door access to lawyers and prosecutors to higher courts, causing a rush to political offices to obtain the sponsorship of the applications.

In the Supreme Court is the choice of the president with Senate approval and the Minister is only obliged to leave the chair for 70 years or under impeachment. Taking then, a greater or lesser degree, the subordination to the executive. It's not like would be ideal, subject to the power corrections of the CNJ, and even, even having internal affairs.

The judicial reform expected by Brazilian society involves all of these factors and above all, attack the delays in resolving disputes, expanding the disciplinary inspection and ending with the vacation of 60 days for judges, with the ridicule of the maximum punishment is a mandatory retirement and allowing the election by his peers.

This is one of the biggest challenges for OAB that is, without doubt, call for these achievements. This also is the time of the first step in forming a critical mass collimated towards these goals.

Source: Isaude.net
   Palavras-chave:   Judiciary    Health and rights    Legalization of Health    Supreme Court    Supreme Court   
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