He Crime Chamber upset against judicial reform that the government proposes is only the first emerging from discomfort, dissatisfaction, anger and outrage that with various modulations and nuances it extends in good part of the national and federal Justice.
In fact, the Federal Civil and Commercial Chamber will rule this Thursday against the judicial reform, with another one agreed, and the critical comments on the inconvenience of this bill occur in the Federal Chamber of Criminal Cassation and among some judges of the National Chamber of Cassation.
Not to mention the thunderous epithets that are heard among judges of the Federal Chamber, where the government wants to remove two chamber maids, between the magistrates of the federal oral courts or between the judges of Comodoro Py, first target of the reform. Foaming at the mouth.
Is dissatisfaction with the project it extends to the Supreme Court of Justice, where they do not see with pleasure that the Executive Power reaches into the organization of national and federal Justice without consultation. After all, the Court is the head of the Judiciary.
In these courts they are analyzing whether it is legally admissible to make an agreed, in the abstract, without any particular case, as the Crime Chamber did, or if they should express their rejection in another way.
The reaction of the Crime Chamber, beyond constitutional objections and their wise observations, responds to your survival instinct. The judicial reform provides for the disappearance of the ordinary criminal jurisdiction, which for more than 100 years has punished common crimes that people suffer. Not those of the politicians, but the homicides, robberies, rapes or scams. The Crime Chamber reviews those investigations, prosecutions and elevations to trial, and the oral courts judge detainees.
With the official bill, all the oral court judges and chamber maids disappear, they are left until their cases are exhausted and then they are out of work and the first instance go partly to the federal jurisdiction and partly to the City.
The Crime Chamber remained oblivious to the contamination of politics, its decisions are motivated by law and is made up of prestigious judges, not careerists, who came to their positions by merit and career. Conservative and progressive, all aspects of criminal law are mixed within it and a spirit of collaboration and public service prevails.
The ordinary criminal jurisdiction, computing first instance judges, chamber maids and oral court judges, has 193 positions of judges, but with 75 vacancies. The positions of judges of first instance are 64 and there are 18 vacancies. The remaining universe is 45 first instance judges. Half have already decided to go to the City and cannot be a substitute federal judge. The remainder will apply to fill the 23 new positions subrogate federal judges, thereby decimating the ordinary jurisdiction. AND This will result in harm to the victims, as well as in the care of children in conflict with the criminal law. The project imports the scrapping of this jurisdiction.
The project provides for the transfer to the City Judiciary of the remaining judges. Once the cases currently pending in the ordinary criminal justice are finished, the Judicial Council will dissolve the oral courts and tribunals and relocate officials and employees.
How will alternate federal judges be chosen until the contests are over? The National Chamber of Cassation will propose them by finger, and they will go through the Council and two thirds of the Senate.
In the Federal Chamber of Cassation there are judges who look with disgust at this mechanism because they believe that, as a supervisory court, it should be they or at most the Federal Chamber that decides who will be the surrogate federal judges. They criticize the project that there is no need for more federal judges, but prosecutors with the new Code of Criminal Procedure. They complain that the work of the court will grow geometrically, because the 23 new courts are new mouths for sentencing that they will review.
Beyond the specific arguments, the discomfort comes from drag. They list them that they were forced to pay earnings, that they modified their retirement system, that they add work and that, now, the chamber mates and judges of the oral tribunal of the jurisdiction leave them without functions, collecting a salary until they retire. As long as it is not legislated to the contrary.
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