Opinion (José Lúcio / Judge): Hard times.
These days seems to spread in various centers diffusers opinion of the idea that only works when a court condemns. acquits, not done justice. There will definitely be this feeling of a citizen who is falsely accused of a crime he did not commit.
José Lúcio
Judge
And in reality it is not possible for anyone to make use of a minimum of common sense follow these positions, popular as the see. The function of a court is to judge, and judgment may naturally result convictions or acquittals. A others as may be justified or even be imposed, in the face of trial held – it is up to the court to draw the conclusion.
It makes no sense to present a demonstration of the ineffectiveness of justice proclaimed the numbers where it is found that a specific subject matter complaints were much more than the accusations and these were more than convictions. This approach does not reveal knowledge or rigor.
It will not be by convictions or acquittals by which one can evaluate the health of justice, or the proper functioning of the courts. What should we complain of these is to condemn when it is to convict and acquit when it is to acquit.
If a trial only served to convict could advantageously dispense with trials. Even the courts. Any other institution could deal with convictions. Maybe even the ATM, properly programmed, desse resposta a esse objectivo.
A court is an organ by an independent and impartial nature, which is to administer justice – and that means necessarily appreciate with impartiality and in complete freedom the charges that are referred to judge. You can not take sides, nor have causes or agendas, or anticipated positions.
The outcome of a trial can only be dependent on the judgment itself, and the law that the judge has to apply. These tasks can not the court be linked to the departure or on arrival by pressures, campaigns, fashions or conveniences.
The clamor for convictions not identified with any sense of justice. The politicians, commentators and other producers of opinion should pause before the temptation to ride the lowest of populism.
And observe how shocks are often those who most proclaimed the imperative to combat populism (other) that slip in exploration and exploitation of the worst instincts of the masses. They want so much to please you end up forgetting all any idea of justice.
Pilatos também tentou dessa forma conquistar a popularidade, nor could it. Path sacrificed an innocent and graced a thief, but this is the result harvesting who is guided by the square noise.
It should be unnecessary to state here these banalities, but unfortunately not. We face new challenges, justifying the reaffirmation of even the most basic principles.
from logo, the pressure of a media increasingly aggressive, dominated by a journalism trawler, where one throws the stone prineira and others will all behind.
The desire to condition the courts, subjecting the exterior of the guidelines given previously as correct, this seems to dominate the media and extend to much of the political class.
We do not know where this movement will stop. But we have to express our concern. The weather hunting judges that appears to be installed can not lead to anything positive.
Today as yesterday is imposed the strengthening of essential, which is the independence of the courts, and this implies strengthening reaffirm it before the other branches of government and in the face of multiple fácticos powers of the surrounding society.
This is the mission that judges must take as its, every day, the more urgent the more difficult times. With serenity and firmness, without compromise or fainting. Behind times come times, and other times are to come.
(Text written under the previous rule to spell AO1990, by the author's option)
