Judicial Branch Audit
| Autor | Luiz Fernando Moncau - Rafael Velasco - Gregory Michener - Marina Barros - Jamila Venturini |
| Ocupação do Autor | .Associate Professor, Ebape/Fgv Director, Program for Public Transparency - Manager Center for Technology and Society (Centro de Tecnologia e Sociedade), Fgv Direito Rio - Program Coordinator Program for Public Transparency, Fgv |
| Páginas | 71-72 |
In contrast to the executive and legislative branches, members of the judiciary
are not elected and cannot be removed through a vote. The tenure of judges serves
as an important mechanism in promoting their independence but also introduces
risks. At one extreme, the judiciary may be captured by special interests while at the
other, the judiciary may become so independent, that it is scarcely accountable to
the polity. For these reasons, democracy experts caution that the development of
accountability mechanisms beginning with greater transparency is critical to ensur-
ing the integrity and legitimacy of the judicial branch of government.
The Program for Public Transparency (PTP/FGV), coordinated by FGV EBAPE
and the CTS at FGV DIREITO RIO, conducted an audit of the Brazilian judicial branch
with the goal of assessing its level of compliance with the FOI law1. As mentioned
in the introduction, the Judicial Branch Audit used the same methodology as the
General Audit, thus there is a high level of comparability between the general and
specific findings of the judicial branch.
This audit aims to assess the active and passive transparency of the judiciary,
through the gathering and analysis of data. Several recent studies have focused
on analyzing how the Brazilian judiciary has dealt with the right of freedom of in-
formation. These include: “Year 1 Audit of the Freedom of Information law and the
Brazilian Judiciary – 2012-2013” by the NGO Article 19, as well as “Transparency
Challenges in the Brazilian Justice System” by the Secretariat of Judicial Reform
(Secretaria de Reforma do Judiciário) in collaboration with Article 19, FGV CEAPG
1 Two other recent projects by the FGV DIREITO RIO used data analysis to understand and illuminate from
different angles the problems of the Brazilian justice system. In the analysis Supremo in Numbers a large volume
of data on nearly 1.5 million cases of the Supreme Court (Supremo Tribunal Federal) is analyzed from different
angles, such as the variety of cases, the geographical distribution, the duration of procedural steps, and so on.
Project results can be found in http://www.fgv.br/supremoemnumeros/ [Accessed on: 30.10.2014]
PART II | JUDICIAL BRANCH AUDIT
BY LUIZ FERNANDO MONCAU, RAFAEL VELASCO, GREGORY
MICHENER, MARINA BARROS, AND JAMILA VENTURINI
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