Os controles sobre o poder judiciário cearense: as repercussões da lei nº 13.869/2019

Abstract

The controls over the Judiciary have suffered many influences throughout history. Among these influences, one notes the last administrative reform, which took place during the late nineties. In this context, new types of control were developed (internal, external, administrative, and judicial) in order to provide more transparency to the Judiciary’s operation. Specifically on Ceará’s Judiciary, one notes as mechanisms to achieve higher levels of internal transparency the conduction of inspections and the presence of ombudsmen. It is relevant to point that, with globalization, and the development of digital democracy, social control has reached even more nuance, empowering society to exert more influence over juridical deliberations. Lastly, it is worth exposing the legislative created law 13.869/2019, called Authority Abuse Law, with the goal of inhibiting excessive conduct by public officials. What occurs is that such legislation has been shown to be unable to impede those conducts and has left interpretation margins over the dubious semantics employed in its articles. Thus, the law began to be criticized, considering that the kind of control it exerts over magistrates has revealed evidence of the beginnings of a culture of fear. In this context, the work has brought reflections over the types of control acting upon the Judiciary of Ceará, illuminating how the Authority Abuse Law has been impacting the decisions taken by the Tribunal. .Keywords: Law of abuse of authority. Control. Culture of fear. Magistrates. Civil Servants