The
Judiciary – Principle of Transparency and the duty of information
by José Luiz
Pinheiro Lisboa MIRANDA, Lawyer in São Paulo.
Primacy of Law can
only exist in a transparent legal system whose base should be ruled in the
application of the principle of transparency in all its areas. Thus, all the
agencies of the Public Administration, especially the Judiciary, should be
guided and modeled by the principle of transparency.
Transparency
is one of the basic principles of the idea of democracy, born in the course of
history as an alternative means for overcoming the obstacles imposed by
absolutist States and, thus, containing their eventual excesses and abuses.
Along the last
decades, the transparency in the conduct of the public
businesses, accomplished by the Public Administration, emerged as a demand in
respect to the control and the rulers’ responsibility, broadly transmitted by
political speeches, by the press and the contemporary literature. The recent
legislation accompanies this movement.
Transparency
in the conduct of the businesses of the Public Administration constitutes a
political-legal project that presents itself as a requirement originated even
before the contemporary legislations and the recent scientific literature.
Even the
meaning of the word transparency exercises a fascination power, which creates
an obstacle to the analysis of its real meaning. The principle of transparency
in the management of the Public Administration is placed in a relevant level,
in a status of almost a sacred thing.
According to Naurin[1], publicity and transparency are two
concepts close to one another, since in the literature, sometimes, they are
used as if they were synonymous, however it is necessary to distinguish them.
When we talk about the principle of publicity, there is a more demanding notion
than that of transparency because the first presupposes the second,
it seems equally that transparency has a deeper extension than that of
publicity, because it can be applied to a private sphere.[2]
Still inside his
analysis on transparency, Naurin asserts that, if it
exists, there will be a real possibility of access to information and,
consequently, the formation of a public opinion on a certain procedure carried
out.
Publicity
means that the information was really spread, in
contrast, transparency does not presuppose a real access, concrete to this
information.
The definition
of transparency of the public administration can be translated as the
performance of the government agency in the sense of turning its daily conduct,
and the data resulting from it, accessible to the public in general. The idea
of transparency and publicity resembles each other, nevertheless, the two
concepts are not same, they complement themselves. From
the common definition of the words, publicity has as characteristic that which is
public, known, no secret. Whereas, transparency is an attribute of what is
transparent, crystalline, limpid, visible; it is what can
be seen through light.
Transparency
should be composed by three elements: the publicity of the actions, the real
comprehensibility of the information and its utility for decisions, aiming
thereby to guarantee the veracity of what is disclosed, as well as the
possibility of comparison among the divulged data.
The principle
of transparency surpasses the publicity concept, since publicity is a mere
passive question of publishing certain information as a requisite of its
effectiveness. On the other hand, the principle of transparency goes beyond,
because it is based on the warranty of accessing the information in a global
way, not only those that one wants to present.
Transparency
has as characteristic its proactive aspect, that is, there is no need for
citizens to search for information through application, it
should be published and available for consultation. Such proactive posture
produces benefits to the governments, because it improves the flow of the
managerial information with the citizens, which contributes to the efficiency
of the government action.
Thus, the
principle of transparency is not confused with the principle of publicity,
because the former exceeds the sense of the latter. The principle of
transparency must be understood as the duty to divulge, in a crystalline way,
the data regarding public accounts, aiming at the utility of these pieces of information
in the sense that these can be monitored.
The term
‘publicity’, in the end of the XVIII century, was much
more connected with the condition of the practices of public life, since the
use of the term ‘transparency’ was an exception; only used by Bentham and
Rousseau[3].
In accordance
with the contractualist theory of Hobbes, Locke and
Rousseau, the sovereign State had extensive powers upon its subjects, who
transferred their power to a ruler, who acted like absolute sovereign so as to
maintain the order. There were no limitations for the State that could do
almost everything and there was no control, on the part of its subordinates, of
the acts practiced by him, since they had adhered to the social contract.
In the second
half of the XVIII century, in Europe, the moralization of the public life
starts to take publicity as a demand, aiming to limit the temptations of
corruption amongst the public representatives.[4]
Publicity became a principle of governance and a guarantee of integrity of
those who want to be representatives in the public life.
Along with the
evolution of society, the almost unlimited power of the Sovereign State started
to be questioned, suffering limitations. One of these limitations is
represented in the right of access to information, as a fundamental right.
In this way,
with the possibility of access to information provided by the principle of
transparency, anyone can know and supervise the measures, actions and conduct
of the State through the disclosure of its data.
Just like in a
private or public company in which the access to data must be allowed to its
partners or shareholders, so that they can supervise and analyze its accounts
and management, people/individuals under the jurisdiction also want and must
know how the State/Judiciary spends its money.
Transparency
and publicity favor the probity in all public administration levels, especially
with regard to justice. Judicial proceedings carried out without visibility
permit despotism, negligence, whims and delay.
For important
organisms of the international community, access to information is recognized
as a basic human right. Since its origin, the Universal Declaration of Human
Rights, adopted by the General Assembly of the United Nations Organization
(UNO) in 1948, had already predicted in its article 19 the access to information:
“article 19. Everyone has the right to
freedom of opinion and expression; this right includes freedom to hold opinions
without interference and to seek, receive and impart information and ideas
through any media and regardless of frontiers”.
In a
Democratic Rule-of-Law State, transparency and access to information constitute
rights of the citizen and duties of the Public Administration. Therefore, it is
the responsibility of the State to inform citizens on their rights and to
establish that access to public information be the
rule and secrecy, the exception.
In the
international scenery, Sweden was, in 1766, the first nation in the world to
develop a legal landmark related to access to information, whereas in the
United States the law of Freedom of Information, known as FOIA (Freedom of
Information Act), was created only in 1966.[5]
Out of the
Latin American countries, Colombia was the pioneer country to establish, in
1888, a Code, which permitted citizens to gain access to internal, Government
documents.
In the
national context, as a result of two historical, concomitant and complementary
factors, transparency has become a vulgarized subject. Increasingly more citizens
require, in a democratic perspective, access to information to be acquainted
with the performance of the Government, the destination of its tributes, as
well as its effective results. In the
same way, with the end of the military regime, of exception, a new stage of
democratic learning initiated for the Brazilian society through the
strengthening of popular participation and with the cooperation of the citizen
and the press in monitoring the public activity.
On the other hand,
the technological advance made the shortening of the distances possible and
allowed, through access to information, mainly, by digital means, that with a
simple handling of the keyboard, people could access from their own residence
diverse information on people and organizations from all over the world, even
to verify and to monitor Government performance in rendering of public
services.
The guarantee
of access to information and transparency was, throughout the history of
Brazil, object of different laws and politics.
The
Constitution of the Federative Republic of Brazil of 1988, for example, placed
the right of access to public information in the roll of the individual’s basic
rights. Right in the beginning, Heading I -
Fundamental Rights and Guarantees, Chapter I - Individual and Collective Rights
and Duties, article 5 set forth:
Article 5. All persons
are equal before the law, without any distinction whatsoever, Brazilians and
foreigners residing in the country being ensured of inviolability of the right
to life, to liberty, to equality, to security and to property, on the following
terms: (…) XIV – access to information is ensured to everyone and the
confidentiality of the source shall be safeguarded, whenever necessary to the
professional activity; XXXIII – all persons have the right to
receive, from the public agencies, information of private interest to such
persons, or of collective or general interest, which shall be provided within
the period established by law, subject to liability, except for the information
whose secrecy is essential to the security of society and of the State”. [6]
The right of
access to information shall enclose the major type of information and agencies
and also reach the largest number of persons as possible.
The principles
are like compasses which serve to guide any conduct,
especially if it is public. It is noticed that the essential function of the
principles is to underlie a system and to guarantee its validity.
The
constitution of the Republic has brought in its framework principles that shall
guide every act of the Public Administration, to wit: legality, impersonality,
morality, publicity and efficiency. However, it is not a matter of “including
but not limiting”, as there are other principles that guide the public power.
In regard to
the principle of transparency, intended especially to Public Administration,
this one finds legal prediction in the Federal Constitution of 1988 in the
article 37, Paragraph 1. The publicity of
the acts, programs, public works, services and campaigns of Government agencies
shall be of educational, informative or social orientation character, and shall
not contain names, symbols or images that characterize personal propaganda of
Government authorities or employees.[7]
The principle
of administrative publicity, according to Canotilho, is characterized as
a fundamental right of the citizen,
inextricably connected to the democratic principle, having two substrates: a positive substrate which
makes the state-owned duty to ensure wide and free access to information as a
necessary condition for participation, knowledge and control of the
Administration; and a negative substrate, except for the security of the
society and the State and the right to intimacy, the administrative actions
cannot be developed – if in secret.[8]
Such
fundamental right is felt in the sense of knowing all the legal proceedings
referred to administrative action, as well as its implications and results on
account of fundamental right to information, right of access to archives and
public registers, right to demand of the State positive actions in order to
make possible the visibility, cognoscibility, and control of the administrative
actions and the right to guarantee facing the process of production of administrative
decisions.[9]
Publicity has
always been considered as an administrative principle, due to the fact that
being public, the Public Power shall act with major
transparency, so that all administered individuals could have at their
disposal, whenever they want, knowledge of what the administrators do.
As a result of
the principle of publicity, arises the obligation that all administrative acts be opened and available to the citizens, considering that
these only exist on account of the interest of the public. The acts of these
public agents, legitimized by the society for the exercise of their functions,
shall always be exposed to control, which is only possible with the outsourcing
of those.[10]
From the point
of view of realization and effective application of the principle of publicity,
it has been understood more and more by the insufficiency of the mere
publication of the administrative acts in official environments or by receiving
information of personal interest demanded to government agencies. Publicity
shall be wider, in other words, availability of such acts must be in clear
language and in accessible means.
According to Helly Lopes Meireles, publicity,
as a principle of public Administration, includes any state-owned acting, not
only under the aspect of official spread of its acts, but also the knowledge of
the internal conduct of its agents.[11]
Publicity
constitutes a congenital principle to democracy, which can only be moderated in
exceptional circumstances and with substantiated reasons, since this is an
essential requisite for the efficiency of control of power, as well as an
inextricable element of the sense of Democratic State.
Canotilho proposes that in this
line of reasoning, behind the principle of publicity, is: the requirement
of security of the right and the prohibition of the “secrecy” policy, which
prohibition is not only as a fence to arbitration, but as a duty to inform on
the part of the State.[12]
In sum, the principle of publicity is intended to protect the citizen
from any undue intrusion by the Administration into his constitutionally
protected field of freedom.
Pursuant to article 37 of the Federal Constitution of 1988, all acts
performed by the Public Administration require wide disclosure, except for the
hypotheses of confidentiality provided by law.
This legal provision aims to objectify and legitimize the actions taken
by the Public Administration by reducing the distance that separates them from
those administered; and according to Wallace Paiva
Martins Júnior, it is “materialized by publicity,
motivation, and popular participation in which the rights of access,
information and due legal process are articulated as forms of action”[13].
He also proposes that the principle of administrative transparency be
composed of the sub-principles of publicity, motivation and popular
participation in administrative management. Associating the principle of
transparency with the idea of Democratic Rule-of-Law State.
Thus, the principle of transparency has as its direct consequence “the engraved
value and the end expressed by the principles of publicity, motivation and
popular participation, since all point to the visibility of the administrative
work and inspire the production of rules such as the right to a petition, and
certificate, and the right to information, considered as essential mechanisms
in the jurisdictional control of transparency.”[14]
Another principle correlated with the Public Administration is the
principle of efficiency. Although some writers considered it implicit in the constitutional
legal order, it only emerged as an express principle of Public Administration
from Constitutional Amendment no. 19 of 4 June, 1998.
For the renowned Hely Lopes Meirelles, it was from constitutional amendment 45/2004
that the principle of efficiency came to be considered, a right with
constitutional provision.
“Since Constitutional Amendment 45/2004, efficiency has become a
constitutional right, since, in Heading II, of the Fundamental Rights and
Guarantees, item LXXVIII was included in article 5, which ensures to all, at
the judicial and administrative level, the reasonable duration of the
proceedings and the means to guarantee the speed of its processing”.[15]
Diógenes Gasparini
further proposes that:
[16]“The
principle of efficiency imposes on the direct and indirect Public
Administration the obligation to carry out its duties with speed, perfection
and efficiency, in addition, of course, to observing other rules, such as the
principle of legality.”
For many authors, the principle of efficiency is also known as the
principle of good administration, and should be applied to all levels of the
Public Administration.
For Alexandre de Moraes,
the principle of efficiency is that imposed on the direct and indirect Public
Administration and its agents aiming at the pursuit of the common good, through
the exercise of their powers in an impartial, neutral, transparent,
participatory, effective, without bureaucracy way, and always in search of
quality, focusing on the adoption of the legal and moral criteria necessary for
the best possible use of public resources.[17]
It is through the principle of effectiveness that one can demand
quality in the services provided and in the products offered by the public
power, but especially by the Judiciary. It is not enough that the State acts
within the legality, because when it comes to public service rendering it is
necessary a better performance of its agent that represents the public
administration, aiming to produce positive and satisfactory results to the
needs of society.
It can be said, therefore, that transparency encompasses efficiency and
publicity, but it is more than the sum of both.
Marcus Jurena Vilella
Souto presents in an original way a different meaning
for the principle of transparency commonly attributed to it. He asserted that
the principle of transparency should be considered far beyond its simple
concept, and this should be seen as the real visible or transparent control
that occurs when the intimacy of the authorities invested with power is
revealed in the attributions inherent to it. “In other words, the exercise of a
public function, aimed at the public, should allow its constant monitoring,
without the right of intimacy, which is undeniable to individuals, especially
against the State itself, being invoked to exclude such controls.”[18]
In the National legal system, Complementary Law No. 101, dated 4 May,
2000, known as the Fiscal Responsibility Law, in the chapter on Fiscal
Management, provided the explicit provision for the principle of transparency,
in its article 48, defining the instruments that must be object of disclosure
by the agencies of the Public Administration, in general.
Art.48. The following are instruments of transparency of the fiscal
management, which will be widely disseminated, including in electronic means of
public access: the plans, budgets and laws of budgetary directives; the
accountability and the respective prior opinion; the Summarized Report on
Budget Execution and the Fiscal Management Report; and simplified versions of
these documents.[19] The
Law on Access to Information (LAI), (Law No. 12,527 of 2011), which determined
that public authorities should publicize their actions and thereby facilitate
access to information for citizens, with the publication of some information by
electronic means and other means, regulated article 5, item XXXIII of the
Federal Constitution of 1988. In accordance with the principle of publicity
listed in the caput of article 37 of the Constitution, public bodies and
institutions should promote the active transparency of their administrative and
financial acts, which results in the spontaneous availability of documents and
data of collective interest on its management, a practice that covers the three
powers.
From the culture of secrecy to the culture of transparency. In terms of
public management, the law on access to information represents a paradigm
shift, since it limits the use of administrative secrecy, which until now has
been the rule, and establishes the principle of transparency.
Thus, with the publication of the law on access to information,
publicity has become the rule and secrecy, the exception.
In 2004, the Transparency Portal was created by the Federal Comptroller
General’s Office, whereby everyone can access information on Federal Government
expenditures in relation to forecasting and collecting revenues, voluntary
transfers and direct expenses in a simple way and independently of the use of
passwords, thus allowing the citizen to monitor how public money is being used
and to help control. In other words, digital tools are used so that the
greatest number of people has access to information about resource management
and similar procedures.
In parallel to the government initiatives, independent and autonomous
organizations were created, formed by groups of nongovernmental entities
committed to the fight against corruption as “Transparency Brazil”, which
focuses its action on the search for the integrity of the public power, mainly
through the increase of the available information . It
focuses its work on two areas: the monitoring of institutions and advocacy.[20]
In the international sphere Transparency has also been the object of
initiatives by independent organizations that aim to control and fight against
corruption. Transparency International (TI) is a non-governmental organization
based in Berlin, Germany, whose main objective is the fight against corruption.[21]
TI is known worldwide for the annual elaboration of a report that
measures the countries’ perceptions of corruption. The Corruption Perception
Index (CPI) is considered to be the most reliable and consistent measurement
instrument of corruption level by scientific research and work.
Such initiatives by independent organizations, aimed at controlling and
supervising the management and acts of the Public Administration, should be
multiplied by all the agencies of the Administration, more especially, by
controlling the administration of the Judiciary, as well as its accounts and
acts, trying to make them clearer and more effective to those under the
jurisdiction.
At the same time, the Ministry of Justice, with the publication of
Ordinance No. 3,746/2004, launched its Transparency Program, which aims to disseminate
information on the actions and expenditures of the Ministry in a detailed way,
and monitoring and follow up by all citizens.
Nowadays, all the agencies of the direct Federal Public Administration
have pages of public transparency. In the indirect administration entities,
said Transparency Pages have been successfully implemented.
Within the scope of the Judiciary, in order to elucidate the
instruments provided for in article 48, the National Justice Council, which is
a public institution that aims to improve the work of the Brazilian judicial
system, especially with regard to control and administrative and procedural
transparency, issued Resolution no. 102 of 15 December, 2009, which regulates
the “publication of information referring to budgetary and financial
management, personnel and the respective remuneration structures of the courts
and councils” [22].
This measure aims to demonstrate which instruments should be disclosed
by the agencies of the Judiciary, indicating the criteria
as they should be displayed on the websites of their respective agencies.
Within this scope, of the principle of transparency, the National
Council of Justice has created a system known as “Open Justice”, which makes it
easier for all citizens to consult and access information on the location of
civil courts, courts, notary offices and other institutions in the service of
the judicial system of Brazil and on productivity reports of the procedural
secretariats. The database simplifies access to the courts of the country under
the management of the Justice Magistrate Court.[23]
The creation of “Open Justice” was one of the greatest encouragement
acts to society in the pursuit of the monitoring of the judicial agencies and
social control.
Within the scope of the Judiciary, in addition to providing greater
transparency on the functioning of the courts, the norm has made it easier and
faster for anyone to have access to data, such as compensation for civil
servants and magistrates, financial transactions, expenses and bidding processes.
To ensure compliance with the law by the Judiciary, the National
Justice Council (CNJ) published Resolution no. 151, which determines the
nominal disclosure of the remuneration received by members, servants and
employees of the Judiciary on the Internet. The data referring to the payroll
of the staff of the CNJ, since June 2012, can be obtained in the compensation
and information system of previous periods.
Thus, the performance and results of the judiciary must be permeated by
transparency, including with regard to its accounts and contracting, which can
be done through the disclosure of data, so that all jurisdictions can know and
supervise said measures and actions.
The Ministry of Justice, for its part, has launched its Transparency
Program, which is responsible for disseminating information on the actions and
expenditures of the Ministry in a detailed manner on the Internet website.
Prior to the enactment of the Law on Access to Information, the CNJ had
already adopted measures to make the activities of the agencies of the
Judiciary Branch more transparent, such as determining to the courts the
publication on the Internet of information on budgetary and financial
management, personnel and structure of remuneration of magistrates and
servants. By the resolution, the courts have the obligation to make public all
their expenses, including expenses with tickets, daily fees, contracting
services and works. This information is available on the Transparency Portal or
on the “transparency” link on the courts’ websites.[24]
In this spirit of transparency of the acts practiced by the judiciary,
any jurisdiction can consult the productivity reports of the Judicial Services
and verify the quantitative data on acts received and deliberated in the
departments of civil courts.
Internally, the National Justice Council has established rules for
courts and councils to publish on their websites relevant information on their
financial and budgetary management related to expenditures on human resources,
general services such as cleaning and IT, consumption materials, acquisition of
assets and other maintenance expenses. The publication of this information
gives transparency to the Judiciary’s administrations and enables its
monitoring and social control.
The creation of TV Justiça, on 11 August, 2002, represented a novelty and a peculiarity of the
Brazilian judicial system. The purpose of such a unique creation is to seek the
transparency and efficiency of the acts of the Judiciary, and in this way to
bring that Power closer to the population.
Unfortunately the creation of the Open Justice system has been
undergoing some attempts to limit its publicity and transparency by certain
sectors of society, as more recently disclosed in the national press, the
approval by the Commission on Science and Technology, Communication and IT of
bill 7004/2013 aimed at amending law 8,977[25],
in art. 23, h) A channel reserved for the Federal Supreme
Court, for the dissemination of the acts of the Judiciary and its work, without
live transmission and without editing of images and sound of its sessions and
those of other Supreme Courts.
The aforementioned bill goes against the “Open Justice” initiative and
the principles of publicity and transparency, as it prohibits live and unedited
broadcasts of images and sounds of the sessions of the Federal Supreme Court,
as well as other Supreme Courts on the TV Justiça
channel, distancing and limiting the access to information of those under the
jurisdiction to the acts practiced by the Judiciary.
The guarantee of the right of access to information brings benefits
both to society and to the Public Administration. In general, access to public
information is an important prerequisite for the fight against corruption, the
improvement of public management, social control and popular participation.
By having access to public information, citizens have a greater
condition of monitoring decisions of public interest, and thus avoid the
corruption that thrives in secret. The monitoring of public management by
society is an indispensable complement to the supervision exercised by public
agencies, the more effective and broad the transparency of government acts and
expenditures, the greater the efficiency of the public machine and the risks of
corruption become smaller, taking into account the inhibiting nature of
transparency.
Another relevant aspect of transparency is the fact that it is an
element in sustaining the relationship of trust between the citizen and the
State, essential to maintain the legitimacy conferred on the Government in the
exercise of its functions.
Progress still needs to be made to increase transparency, advances
related to the reporting of clear and consolidated information that reveal the
link between the resources spent and the results obtained with them. In this
way, it will be possible to exercise control over the complete cycle of the
execution of the public resource and concomitantly know the close relationship
between the use of public money and the improvements and modifications
undertaken from it.
The revolution of the digital era, especially with the easy access to
the Internet, has greatly contributed to the increase of social participation
and control over the execution of public policies. Such an initiative has a key
role to play in the application of the principle of transparency, which is seen
by many as a path of no return.
It is essential that the State not only provides the information
necessary for the control of its acts by society but,
above all, makes its data available and easily accessible, in accordance with
the principle of transparency, effectiveness and the principle of publicity.
Faced with such principles, what society expects from the State is
greater quality and transparency of public services
through its acts and expenditures, in order to make the coexistence between
public administration and those under its administration/jurisdiction more
human, harmonious and satisfactory, aiming at the true realization of rights.
[1] Naurin D., « Transparency, Publicity, Accountability – The missing links », Swiss Political Science Review, 12 (3), 2006, pp. 91-92.
[2] Ibidem
[3] Bentham J., « Of Publicity », in Michael James, Cyprian Blamires (eds.), Political Tactics, Op. cit., p. 29
[4] Ibidem
[5] Available
on
http://www.cgu.gov.br/Publicacoes/transparencia-publica/brasil-transparente/ arquivos/ manual lei_ estadosmunicipios.pdf, access on 25.11.2016.
[6] Constitution of the Federative
Republic of Brazil,1988
[7] Ibidem.
[8] Canotilho J., Direito Constitucional e Teoria da Constituição.7. Editora: Coimbra, Almedina, 2003.
[9] Bobbio
N., O futuro da democracia. Rio de Janeiro, Editora:
Paz e Terra, 1989, p. 89.
[10] Mendes G.F., Coelho I., Branco P.-G. G., Curso de direito constitucional. São
Paulo, Editora: Saraiva,
2007, p. 788.
[11] Da
Silva J., Curso de direito
constitucional. 26. São Paulo, Editora: Malheiros, 2006, pp.
669-670.
[12] Canotilho J., Direito Constitucional e Teoria da Constituição. 7, Editora: Coimbra, Almedina, 2003,
p. 1165
[13] Martins Júnior W., Transparência administrativa:
publicidade, motivação e participação popular. São Paulo, Editora:
Saraiva, 2004, p. 40
[14] Martins Júnior W., Transparência administrativa:
publicidade, motivação e participação popular. São Paulo: Saraiva,
2004, p.31.
[15] Meirelles H., Direito Administrativo Brasileiro, 37ª Edição, Editora: Malheiros, pp. 98‑99.
[16] Gasparini D., Direito administrativo.
10ª Edição, São Paulo, Editora: Saraiva, 2005,
p. 21.
[17] Moraes A., Direito constitucional. 5ª Edição, São Paulo, Editora: Atlas, 1999, p. 294.
[18] Souto M., Transparência na
Administração Pública.
Rio de Janeiro, Revista do TCM-RJ, nº. 35, 2007, pp.
37-38.
[19] Complementary Law 101, of
04/05/2000. Available on
http://www.planalto.gov.br/ccivil_03/leis/LCP/Lcp101.htm, access on 25.11.2016
[20] Available on http://www.portaltransparencia.gov.br/sobre/], access on 24.11.2016.
[21] Available on http://www.dw.com/pt-002/transpar%C3%AAncia-internacional-ti/t-19555799, access on 28.11.2016.
[22] Resolution no. 102, of 15 December, 2009, National
Council of Justice.
[23] Available on http://www.cnj.jus.br/sobre-o-cnj/quem-somos-visitas-e-contatos, access on 25.11.2016.