Juiz federal substituto no Brasil : poder, poderes e micropoderes na 5Â RegiÃo

AUTOR(ES)
DATA DE PUBLICAÇÃO

2009

RESUMO

The core of this research is to investigate the relationships between Federal Judges and Substitute Federal Judges and to analyze the influence exerted by this affiliation over the services developed in the federal jurisdiction of the judicial sections that make up the 5th Region, through the perception of civil servants and magistrates. The development of this paper is guided by the study of three basal axes: public policies, social capital and power. The public policy axis is studied in the sense of an analysis of the role exerted by institutions in social relations, having neoinstitutionalism as a theoretical line, in the vision of Hall and Taylor. Social Capital and Power are considered the base of the investigation of how these relationships are established, in the scope of the 5th Region, favoring Pierre Bourdieu for the understanding of social capital, and highlighting the comprehension of power, specially the contributions of Max Weber and Michel Foucault. After some historical contextualization of Federal Justice in Brazil, this paper will look specifically at the performance of the substitute judge; showing how the attributions of the post have been put forth through the years, analyzing the behavior and the overlapping of powers detected among magistrates of the 5th Region, thus tracing a diagnosis of the current situation. As for the ends of this paper, it is to be an exploratory and interventionist study of qualitative and propositional nature. As for the means, it constitutes of a descriptive and bibliographical case study in which were used, among others, primary sources like laws, normatizations and internal documents registering the day-to-day function of the organization. This paper used as subjects the permanent working body of the first-degree Federal Justice in the 5th Region. Closed format question questionnaires were given to the civil servants, and to the magistrates, open format question questionnaires were given, in addition to semi structured interviews, always based on the perceptions and expectations of the participants. The concepts of capitals and habitus of Bourdieu were related to Geertâs Ethnography in an attempt to register and make more comprehensible the investigation of what is not derived from the analysis of material document, i.e. the understanding of the culture and the intra-discourse that permeate social relations. The analysis of the questionnaires and interviews points to the existence of a collective insatisfaction towards the division of jurisdictional function between distinct organs inside the same unit of management, inhibiting the working rhythm. Of what was registered, the main results indicate that a relationship of conflict, competition and dispute of power and micropower between magistrates are indicative of tension between civil servants, and causes diminishing productivity in the jurisdiction. These results serve as a foundation for an elaboration of proposals to eliminate the existing misunderstandings and take advantage of the attributes of the substitute judges. With this, we hope to not only contribute to the academic debate, but also collaborate in the necessary revision of the organizational model, taking into consideration the current scenario of the underestimation of stated conflict of power and the arising ills associated with this

ASSUNTO(S)

social capital poder conflict conflito trf â 5th region capital social judges administracao publica juÃzes power trf-5Â regiÃo

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