publicado em 26/04/2012 às 18h53:00
   Dê o seu voto:

The judicial reform

font size

Some pieces of information on this page may have been automatically translated. Makernews is not responsible for the irregularities resulting from these translations. When in doubt,      consult the original text.

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

   Palavras-chave:   Judiciary    Health and rights    Legalization of Health    Supreme Court    Supreme Court   
  • Share this pageShare this page
  • Share this pageCorrect
  • ShareShare
  • AlertAlert
Reduced link: 
  • You are recommending this story: The judicial reform
  • Fill in the following form to send your recommendation to your friend:

  • You are suggesting a correction for this story: The judicial reform

Receba notícias do iSaúde no seu e-mail de acordo com os assuntos de seu interesse.
Seu nome:
Seu email:
Desejo receber um alerta com estes assuntos:
Judiciary    health and rights    legalization of Health    Supreme Court    Supreme Court   
Leave your comment
(Required fields are marked with an *)

(Your email address will never be published or shared.)

Enter the letters and numbers below and click in the button "send"

  • Twitter iSaúde
Informe Saúde printed version

Recommend the portal
Close [X]
  • You are recommending this story:
  • Fill in the following form to send your recommendation to your friend:

RSS news from the portal  iSaú
Get the newsletter of the portal  iSaú
Recommend the portal iSaú
News from  iSaú in your blog or website.
Get news on the subject of your interest.
© 2000-2011 Todos os direitos reservados.