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For Melo, Brazil created a "juridical democracy" where the legal system was "the center of the universe" and lawyers held power "like the colonels of old". From this perspective, the lower classes are excluded, while the visions and interests of the middle class prevail. Prosecutors said 80 percent of poverty problems are family issues, public registration and licensing issues that can be solved in simpler ways without going through judicial proceedings. Another option is to submit these issues to a notary public or a special court for resolution. But that won't happen, he said, because for those affiliated with the justice system it would mean giving up power. For prosecutors, social inclusion cannot only be achieved through the courts, but must also ensure that every citizen has access to justice. “If citizens enjoy their rights first, they do not need to subsequently seek help from the judiciary.” Social inclusion, he said, is promoted by giving excluded citizens access to citizenship instruments, which starts with documentation – many People don't even have documents. Mello believes that the public sector also suffers from this "middle-class syndrome" and ends up prioritizing actions that benefit the upper classes rather than focusing on social issues.
Melo also brought other ideas and projects to what he called the "reinvention of Brazilian law." Incidentally, this is the title of one of several books written by Melo on this topic, which eventually became his specialty thanks to his work and research. Melo also launched a website to defend and disseminate his ideas as a member of the Democratic Public Ministry, a movement that seeks to defend greater democratization of the institution. André Luis Alves de Melo graduated in law in 1993 a India Car Owner Phone Number List cate, later joining the Public Ministry. He specializes in civil procedure and is developing knowledge in several countries. While working on his master's degree, he began to realize that there were other ways to resolve conflicts that didn't necessarily involve going through the justice system. Journalists Marcio Char, Mauricio Cardoso and Priscilla Costa participated in the interview. Read the full interview: ConJur — What are your suggestions for reinventing the justice system? Andre de Mello - Currently, the legal system does not belong to the people, but to the lawyers. We do not have a democratic legal state but a democratic LLB state.
For the law school graduate, democracy is about letting his will prevail, not popular participation. Law degrees have become a pure form of status and power, not necessarily valid social knowledge, they just use procedural matters without reflection. Brazil’s judicial system was not designed to solve the problems of those subject to its jurisdiction. The interests of the people come second to those of the system operators. The entire architecture is centered on itself. The legal reconstruction has gone through a cultural process of legal democratization. We must consider that the judicial system is not the center of the legal universe, it must be one of the galaxies. It may be an important large galaxy, but it's just a galaxy. At present, everything can be solved through action. No one proposes to solve the problem through dialogue or negotiation. The media itself encourages people to go to court. There is a culture of demand for the judiciary. Discussions around access to justice are driven more by a concern with ensuring market reserves than with ensuring social justice for the poor. ConJur — How do we change this culture of demand in the Brazilian judiciary? Andre de Mello - In the United States, for example, new alternatives are beginning to emerge to solve problems without first resorting to the judiciary. For example, US airports have machines that offer a $20 solution to your problem. The machine's programming is informed by responses from attorneys who propose solutions to simple cases.
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发表于 2024-2-20 18:43:04