video: 28538094 ... · 28538094/7e7ec9678e senha: fgv2015 • independent public prosecutors...
TRANSCRIPT
Video:
https://vimeo.com/rivello/review/128538094/7e7ec9678e
Senha: fgv2015
• Independent Public Prosecutors Attorney-General is appointed by, but
independent from the President
• Newly enacted Public Administration
Transparency Act
• Newly enacted Money Laundering Act (with plea barganing for whistleblowers)
• Supreme Court with a high level of legitimacy
Database
1.488.201 cases (1988-2013)
14.047.609 docket entries
2.692.587 parties
780 types of docket entry
24.710 legal field classifications
The Team
6 researchers with legal background
5 researchers with computer
science / statistics background
The efficiency challenge
38 open doors
1 AC Injunction
2 ACO Ordinary Private Law Suit
3 ADC Declaratory Action of Constitutionality
4 ADI Declaratory Action of Unconstitutionality
5 ADO Declaratory Action of Unconstitutionality by Omission
6 ADPF Claim of Fundamental Principle Violation
7 AI Interlocutory Appeal
8 AImp Claim for Recusal
9 AO Ordinary Suit
10 AOE Special Ordinary Suit
11 AP Criminal Suit
12 AR Rescission Suit
13 ARE Extraordinary Appeal with Interlocutory Appeal
14 AS Claim for Suspicion
15 CC Jurisdiction Conflict
16 Cm Communication
17 EI Exception of Incompetence
18 EP Execution of Sentence
19 Ext Extradition
20 HC Habeas Corpus
21 HD Habeas Data
22 IF Federal Intervention
23 Inq Investigation
24 MI Writ of Injunction
25 MS Writ of Security
26 OACO Opposition in Ordinary Private Law Suit
27 Pet Petition
28 PPE Probation for Extradition
29 PSV Binding Precedent Proposal
30 RC Criminal Appeal
31 Rcl Complaint
32 RE Extraordinary Appeal
33 RHC Habeas Corpus Appeal
34 RMS Habeas Data Appeal
35 RvC Criminal Revision
36 SL Injunction Suspension
37 SS Security Writ Suspension
38 STA Suspension of Preliminary Injunction
If the Court were required to hear every case that a nation
of 180 millions litigious people could litigate, the judicial
process would quickly break down.
The share of abstract constitutional review cases
received by the Court is negligible
“It seems most unlikely that the country would tolerate having
the decisions of so final and powerful a judicial body depend
on which three justices happened to sit in each case.”
Justices behave similarly in certain individual rulings
In 2013, the Justices received more cases than any other type of judge in Brazil
2013
State Courts
- Trial Court 1.351
- Court of Appeal 1.294
Federal Courts
- Trial Court 815
- Court of Appeal 3.726
Labor Courts
- Trial Court 867
- Court of Appeal 1.226
Supreme Court 4.015
Source: “Justica em Numeros” and STF’s website, compiled by Laura Osorio
Average time to decide cases has remained
above 1 year in recent times
Even in abstract constitutional review cases the
Court only decides as a collegiate body 10% of the time in recent years
The current tendency is that the number of new cases will stabilize at ~60k per year. There is a meaningful increase in
cases from small claims courts
The vast majority of cases arriving at the Court pertain to
Administrative Law. Consumer Law has increased significantly in the last decade
Top subjects Administrative Law
Salary (civil servants);
Economic Plans,
Retirement pensions
Salary (military servants),
Top subjects Tax Law Tax Credits;
Added-Value Tax;
Social contributions;
Social security contributions;
Top subjects Social Security Law
Initial earnings and adjustments;
Benefits in kind;
Revisions;
Death pension
In 2013 the Court’s main clients were the federal government, banks and telephone companies
1 Federal Government
2 National Social Security Institute
3 Oi (Phone Company)
4 Federal Union Public Defender’s Office
5 State of Sao Paulo 6 Federal District 7 Federal Prosecutor’s Office 8 State of Rio de Janeiro 9 State of Minas Gerais
10 State of Bahia 11 Bank of Brazil 12 State of Rio Grande do Sul 13 Santander Bank 14 Telemar (Phone Company) 15 Bradesco Bank
23x more
A public servant has 23 times more chances to see the Court try a
case that is relevant to them than a regular worker
Some states are overrepresented (even after correcting by GDP). Rio Grande do Sul is both significant to the Court’s docket (large circle)
and one of the most overrepresented (higher up in the graph)
Impact in the Court’s Practice
Average # of days to publish collegiate
rulings, per case reporter
While cases by some Justices are published in an average of 41
days, others are delayed for nearly a year
Less than a month later, Supreme Court changes
rules on deadline to publish
rulings
Impact in the Court’s Practice
Quantitative Discourse analysis
Was the “Mensalão” a political trial?
Research by Ivar Hartmann and
Renato Rocha Souza
Quantitative Discourse analysis
Bulk analysis of word frequency in 250k words, by type: verbs, nouns, adjectives, expressions
Quantitative Discourse analysis
Little difference in discourse Acquital opinions: more general criminal legal principles – e.g. ‘law’, ‘conduct’, ‘attribution’ Conviction opinions: more case-specific elements – e.g. ‘operations’, ‘payments’, ‘companies’, ‘loan’
