{"id":13485,"date":"2018-07-23T16:02:50","date_gmt":"2018-07-23T16:02:50","guid":{"rendered":"https:\/\/conectas.org\/?post_type=noticia&p=13485"},"modified":"2021-04-06T15:00:46","modified_gmt":"2021-04-06T15:00:46","slug":"work-judges-prosecutors-compromised-internal-control","status":"publish","type":"noticia","link":"https:\/\/conectas.org\/en\/noticias\/work-judges-prosecutors-compromised-internal-control\/","title":"Work of judges and prosecutors compromised by internal control, research suggests","content":"

\u201cYou tend to conform. It\u2019s easier. Being different causes problems. You stand out.\u201d The words of a criminal court judge in the city of S\u00e3o Paulo describing the usual behaviour of judges and prosecutors, who often take decisions based on the fear that by departing from the status quo they will be moved to a different region or exposed to political ostracism.<\/p>\n

There were several emblematic cases recently, for example Judge Kenarik\u00a0Boujikian, who received an order of censure for releasing people who had been remanded in custody for a period of time greater than that of the sentence for which they were being charged. Following a long court case, the CNJ (National Justice Council) found the magistrate innocent.<\/p>\n

Another significant case was that of Roberto Corcioli, an assistant judge in the city of S\u00e3o Paulo who was removed from office before the end of his period of appointment, in June 2013. It is believed that his suspension was related to a report made by 17 prosecutors to the inspector general\u2019s office, one month previously. The basis of the report was that \u201c[\u2026] decisions made [by Judge Corcioli during the course of judicial duties] had led to the mass release of individuals whose imprisonment was crucial.\u201d<\/p>\n

Similar incidents are not unusual in the S\u00e3o Paulo Magistrate\u2019s Court and Public Prosecutor\u2019s Office and suggest a constant threat to the independence of these institutions. In 2014 and 2015, prompted by this situation, Conectas published a study\u00a0\u201cFunctional independence and internal control in the careers of those working in the Magistrate\u2019s Court and the Public Prosecutor\u2019s Office in the city of S\u00e3o Paulo,\u201d<\/strong> in partnership with the Instituto Betty e A. Jacob Lafer.<\/p>\n