A aposentadoria compulsória como medida disciplinar para os magistrados: comparação entre o instituto no judiciário brasileiro e estadunidense.

Abstract

The research starts from the problem of applying the retirement institute compulsory as a disciplinary measure for infractions committed by magistrates Brazilians. The initial hypothesis was that the constitutional prerogatives applied to judges are used as a shield for effective penalization, in addition to disability that compulsory retirement has as a disciplinary measure. As for the objectives, the research has the general objective of comparing the institute of compulsory retirement in Brazil and the United States with the purpose of understand how the punishment system works between the two countries. As for the specific objectives, we sought to understand how retirement is applied compulsory in each country, discuss the consequences that may occur in the case of impunity of magistrates and assess whether the possible suppression of compulsory retirement as a disciplinary measure. Regarding the aspects methodological, the research is characterized as descriptive due to the description of the characteristics of the functioning of compulsory retirement in Brazil and the States States, but is also characterized as exploratory because it aims to develop and clarify new ideas and concepts. As a method of procedure, the historical-deductive, an opportunity in which he makes a historical analysis of the prerogatives constitutional rights of magistrates, and also comparative since it makes a parallel between Brazil and the United States. The research also has a qualitative character, in which it is observed the exposition of concepts and ideas from various authors. Lifetime is a of the prerogatives provided for in the text of the 1988 Federal Constitution and provides that the judge will not lose his position through administrative procedure, but only in the case of a final court decision. One of the consequences of this prerogative is exactly the provision in the Organic Law of the Judiciary of compulsory retirement as a disciplinary measure for judges who commit any infraction. However, what is questioned is the maintenance of retirement compulsory as a disciplinary measure provided for in the Organic Law of the Judiciary even after the 1988 Federal Constitution did not have anything to that effect in its text. From another plan, in the United States there is no institution of compulsory retirement, or In other words, the judge can hold office until such time as he is physically and appropriate intellectuals. In fact, what we have in this country is the application of impeachment and recall, legal instruments that make it possible to extract the judge from your profession. Therefore, we come to the conclusion that compulsory retirement as disciplinary measure was not approved by the Federal Constitution of 1988 and is It is crucial that a review of this practice is carried out in Brazil so that it is possible promote justice aligned with society’s desires ​ Enviar feedback Painéis laterais Histórico Salvas Contribuir