Post by account_disabled on Jan 11, 2024 5:06:31 GMT -3
than someone aged 23. Experience is acquired by performing the role. A good lawyer will not always be a good judge, and vice versa. When a bachelor enters the magistracy at a younger age, he does not bring vices from other careers and can be molded more easily. Furthermore, it has a double degree of jurisdiction, you can appeal the judge's decision. Then, in the second instance, in addition to being a collegiate body, they are people over 40 years old. ConJur — How do you see the principle of the constitutional fifth? Alexandre de Moraes — I am in favor of the fifth. He takes a breather in court.
But the Public Ministry and the Brazilian Bar Association must demand adequate conditions to choose who will go to court for the fifth. ConJur — And they demand it? Alexandre de Moraes — Today, it is done more on a political basis than on the basis of actually analyzing the profile, but it is the rule of the game. I think the courts had to conduct a hearing with the candidates, like the Senate d Phone Number List oes for the higher courts. Thus, any refusals would be justified. Today, the MP and OAB form a sixfold list of candidates, and each sends them to the court. The Special Body then chooses three from each list and the state governor selects one to fill the vacancy. Many times, the judges have not even heard of the candidates.
ConJur — Do you think there should be a rule to prevent anyone who took the public exam for judge and didn't pass from being prevented from entering the judiciary for the fifth time? Alexandre de Moraes — In theory, I don't think this should be an impediment factor, but a criterion to be analyzed by the court. Then there is the need for a hearing. If the person did not have the merit to pass a public exam, they will also not be able to do well in the questions in the interview. To choose the candidate for the court, the technical issue must also be analyzed, and not just political.
But the Public Ministry and the Brazilian Bar Association must demand adequate conditions to choose who will go to court for the fifth. ConJur — And they demand it? Alexandre de Moraes — Today, it is done more on a political basis than on the basis of actually analyzing the profile, but it is the rule of the game. I think the courts had to conduct a hearing with the candidates, like the Senate d Phone Number List oes for the higher courts. Thus, any refusals would be justified. Today, the MP and OAB form a sixfold list of candidates, and each sends them to the court. The Special Body then chooses three from each list and the state governor selects one to fill the vacancy. Many times, the judges have not even heard of the candidates.
ConJur — Do you think there should be a rule to prevent anyone who took the public exam for judge and didn't pass from being prevented from entering the judiciary for the fifth time? Alexandre de Moraes — In theory, I don't think this should be an impediment factor, but a criterion to be analyzed by the court. Then there is the need for a hearing. If the person did not have the merit to pass a public exam, they will also not be able to do well in the questions in the interview. To choose the candidate for the court, the technical issue must also be analyzed, and not just political.