Abstract

A permanent feature of Brazilian society is its structural duality; i.e, behind the official world has always had a very different reality in fact, dominated by oligarchic power. The body of judges between us, always integrated the frames of dominant social groups, fully sharing their mentality, that is, their strengths and weaknesses, including the endemic corruption addiction. In the colonial period, the administration of justice was up to the powerful interior, which held the posts colonels or captains mores militia. Unia is thus the military with economic power, which made the administration of justice a real travesty. This situation remained unchanged throughout the imperial period. During the call "Old Republic" supported the federalist ideas, the actual dominance of local potentates on the rulers intensified enormously. During the Vargas period, with the short interregnum of the 1934 Constitution, all constitutional guarantees of the judiciary were suspended, turning into effect only with the Constitution of 1946. The State 1964 coup established a corporate-military regime, which suppressed all the fundamental rights and guarantees, including the judiciary; although the latter have been nominally restored in 1979 with the enactment of the Organic Law of the National Judiciary. In fact, the rule of law only came into force in our country with the promulgation of the 1988 Constitution. In 2004, Constitutional Amendment 45 created the National Council of Justice, with the function to control all the organs of the judiciary. The Supreme Court, however, dodged the submission to this control. Currently, impose are two major reforms in the judiciary organization: 1) the expansion and deepening of the control of their bodies; 2) the introduction of new instruments of control of these bodies.

Keywords

national judiciary, colonization, brazilian society, slaves, middle Ages, civilization, economic liberalism