Legislative Judges

Posted July 28th, 2014 by Sandra

But and the individual merit? They will say the adepts of a certain positivista rationalism. It happens that the merit is a subjective standard manipulable and it tends to take care of interests of groups in the power, as it in general happens with the choice of ministers for the STF and courts. The power imagines to have the citizen to choose the judge who goes to judge its cause. Therefore the politicians have this power. They are who choose the judges of the courts, even so have all a previous process of indication of names for this choice, however, this process are permeado by negotiations, examination of ideological affinity, lobby, blackmails, at last, a valley everything in the embroidery frames.

The choice of judges would have, therefore, to be made by drawing. Filled certain condition of legal merit, for example, antiquity, and nothing of subjective value type book publications, whose value cannot be quantified. All the judges who fill the initial conditions participate of the drawing, thus prevent it discrimination of race, sex, kinship, fame, etc. and the chosen judge is not having nothing to nobody, nor unconsciously. He is for if desiring the exemption that the court of jury is formed by drawing. Why, then, one the same does not become with the courts of judges judges? Now who imagines judges the accounts of the president, the governors and the mayors. Also the accounts of the presidents of courts and the legislative ones. They are the proper politicians.

You find this certainty? I defend that it must have one room to be able of state, the Fiscalizador Power to exert this function and also to judge crimes committed for members of the others three to be able. On the Fiscalizador Power already I wrote previously, but the first idea on its formation me does not seem good now. It would have elect members legislative of them of the union and the states, beyond representatives of workers and entrepreneurs. The problem is exactly that diligent and entrepreneurs are not igualitrias categories, therefore, to choose equal number of entrepreneurs and workers for an assembly is to legitimize the economic power in detriment of the sovereignty of the citizens. This power would have number of members the same of Legislative, all elect ones for drawing between members of judiciary, legislative of the union and the states and the cities, but the half of them would be citizens, without elective offices and kinship with occupants of positions in any power, that freely were enrolled to participate. The members of the Fiscalizador Power if would congregate an only time per year and they would not receive no remuneration for the participation, saved the allowance for expenses to remain in the headquarters in a maximum period of 30 days. The employees would have guarantee of the job and the remuneration. The members could not participate of new congress per 4 years consecutive. I believe that they are simple ideas, but efficient. Who does not like this type of simplification is exactly those that they desire to establish themselves in the power permanently and to transform it into a family patrimony.

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