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Legitimacy of the Judiciary and self-legitimacy of magistrates: a study on internal control bodies.

Grant number: 22/12209-0
Support Opportunities:Scholarships in Brazil - Scientific Initiation
Effective date (Start): November 01, 2022
Effective date (End): March 31, 2023
Field of knowledge:Humanities - Sociology - Other specific Sociologies
Principal Investigator:Sergio França Adorno de Abreu
Grantee:Isabela Gomes Pereira
Host Institution: Faculdade de Filosofia, Letras e Ciências Humanas (FFLCH). Universidade de São Paulo (USP). São Paulo , SP, Brazil
Associated research grant:13/07923-7 - Center of the Study of Violence - NEV/USP, AP.CEPID

Abstract

An Internal Affairs Bureau (IAB) must control the exercise of public function, an essential instance of investigating complaints against public servants. The internal affairs bureaus established in each court and the National Council of Justice (CNJ) investigate the actions of all court officials, including judges. Controlling the activities of these employees is an essential source of their legitimacy and authority both externally and internally. This work analyzes the functioning of the IAB of the Court of Justice of the State of São Paulo (TJSP) and the CNJ, realizing how these bodies relate to each other and the judges. The present proposal intends to contribute to the deepening of the discussion on the internal authority relations of the judiciary, collaborating with the construction of databases of cases of magistrates who respond to any complaint made to internal control bodies for quantitative and qualitative analysis. From this investigation, it will be possible to assess to what extent the exercise of judicial authority is also related to the expectations of peers, especially superiors, and the possible anticipated consequences of not meeting these expectations.

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