Regulating Judges
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Regulating Judges

Beyond Independence and Accountability

Edited by Richard Devlin and Adam Dodek

Regulating Judges presents a novel approach to judicial studies. It goes beyond the traditional clash of judicial independence versus judicial accountability. Drawing on regulatory theory, Richard Devlin and Adam Dodek argue that judicial regulation is multi-faceted and requires us to consider the complex interplay of values, institutional norms, procedures, resources and outcomes. Inspired by this conceptual framework, the book invites scholars from 19 jurisdictions to describe and critique the regulatory regimes for a variety of countries from around the world.
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Chapter 3: Beyond independence and accountability: balancing judicial regulation in Brazil

Maria Angela Jardim de Santa Cruz Oliveira

Abstract

This chapter provides an assessment of the specific realities of judicial regulation in Brazil by using the construct of the regulatory pyramid as the conceptual framework. After situating the political backdrop, it introduces the main values and institutional mechanisms that influence the court system in Brazil, along with the resources that support it. Then, it addresses the societal outcomes that the judiciary intends to achieve, namely confidence in access to justice and satisfaction with timeliness in the resolution of disputes. Finally, it concludes by arguing that the Brazilian ways of privileging higher and federal courts should be reconsidered.

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