From external control to symbiosis with the justice system: the normative action of the CNJ and CNMP

Abstract

Based on the theoretical concern about the construction and functioning of institutions to control the rulers in contemporary democracies, this study examines the normative expedition of the National Council of Justice (CNJ) and the National Council of the Public Prosecutor’s Service (CNMP) in Brazil. It analyzes the content of the 303 resolutions issued by the CNJ and the 206 resolutions issued by the CNMP, between 2005 and 2019, with the support of Iramuteq software, describing the normative practice of these two bodies and to know the meaning contained in the content of these rules and what it reveals about predominant orientation. In addition to the production of an unprecedented database composed of all resolutions, it presents the following conclusions: a) the intense production of resolutions consists predominantly of numerous changes to previous rules, whose main content is to meet corporate interests; b) in some moments, the two Councils act in a coordinated manner with each other and expand the scope of action of those controlled. These two aspects reveal a process of symbiosis between controllers (CNJ and CNMP) and controlled ones (Judiciary and MP), which is a probable explanation for the finding that these bodies of control of the justice system do not carry out their constitutional attributions, configuring, therefore, as another deficit of democratic accountability.

Keywords:
Democracy; National Councils; Judiciary; Public Prosecutor’s Service; Resolutions