EDITOR'S LETTER
This edition of DIREITO GV Law Review presents a dossier of articles selected through a national call for papers, that was elaborated in par tnership with the National Justice Council [Conselho Nacional de Justiça CNJ]. The purpose of the call was to encourage the academic community to produce texts on the performance of CNJ and on issues that concern this institution. The seven texts selected present a broad overview of the problems faced by Brazilian Justice and critically discuss some concrete measures taken by CNJ. In addition to these texts, the journal also publishes articles on varied topics.
Let's begin by the "CNJ dossier". "The Relevance of The Generalist Judge's Discretionary Limits" by Igor Lazari, Carlos Bologna and Henrique Rangel discusses the advantages of the specialization of Judges and Judicial branches to legal certainty in a context of great room for judicial discretion. "The Legal Capital and the Litigation Cycle" by Ivo Teixeira Gico Jr. seeks to explain the behavior of litigation in Brazil with the tools of the economic analysis of Law, treating Law as a capital asset.
In "Social Function in Possessory Guardianship of Land Conflicts", Marcus Eduardo de Carvalho Dantas analyzes the jur isprudence of TRF-1 to discover the meanings attributed by this court to the constitutional concept "social function of property" in cases of land disputes. "Public Transparency and the Normative Performance of CNJ" by Rosane Leal da Silva, Patricia Adriani Hoch and Lucas Martins Righi studies the performance of the CNJ in enforcing the duties of active and passive public transparency of the Judiciary power.
"The CNJ and the Discourses of Law and Development" by Ivan Cândido da Silva Franco and Luciana Gross Cunha tests the applicability of L&D literature to a specific aspect of the Judicial Reform, the disciplinary control exercised by the CNJ, through a review of the literature and an analysis of the CNJ performance.
"Good Governance and the National Justice Council" by Antonio Cesar Bochenek, Vinicius Dalazoana and Vinicius Rafael Rissetti shows the importance of the promotion of good administrative practices for CNJ to accomplish its goals. Closing the dossier, "In Search of Justice for the Young: the Problematic Articulation between Public Powers" by Karyna Batista Sposato and Marisa Meneses de Andrade examines the scope of the initiatives undertaken by CNJ through the Youth Justice Program.
In addition to the "CNJ dossier", this edition also publishes articles that compare the concept of tax in Brazil and Spain, discuss the limits to the exercise of parental correction in the "Ancien Régime", present an 18 ethnography of interaction between jurists and lay people in France, discuss the new Brazilian national mental health policy and the Brazilian Amnesty Law, present criteria to identify positive Law inspires by natural Law theories and finally, analyze the conventionality control in comparative Law.
Good reading!
The Editor
Publication Dates
-
Publication in this collection
23 Apr 2014 -
Date of issue
Dec 2013
