Título:	A velha crise : as representações do judiciário e os discursos de crise e reforma na Câmara Federal de 1946 a 1978
Autor(es):	Ponte, Jairo Rocha Ximenes
Orientador(es):	Chaves, Pablo Holmes
Assunto:	Crise do judiciário Reforma do judiciário Discursos parlamentares
Data de publicação:	12-Jun-2020
Data de defesa:	21-Nov-2019
Referência:	PONTE, Jairo Rocha Ximenes. A velha crise: as representações do judiciário e os discursos de crise e reforma na Câmara Federal de 1946 a 1978. 2019. 198 f., il. Tese (Doutorado em Direito)—Universidade de Brasília, Universidade Federal Rural do Semiárido, Brasília, 2019.
Abstract:	We talk about the crisis of Judiciary in Brazil for a long time, just as long as we talk about judicial reform. This research aimed to dissect the functioning of crisis discourses in comparison with the disputes over the reforms of the judiciary, highlighting the representations of reality contained in these discourses. The analysis was based on a theoretical framework that understands that it is impossible to define “crisis” in a universal and definitive way, as it is an expression of the shared experiences and perceptions of each historical moment. To understand the functioning of crisis discourses, it is necessary to observe the context in which they are established, the interests and expectations of the subjects involved in the discursive disputes, as well as the correlation of power between these actors. The work immersed in parliamentary speeches, occurred in the Federal Chamber of Deputies between 1946 and 1978, to understand in which context the discourse of crisis in Judiciary emerged and how it was inserted in the reform movements. The historical period was chosen after an exploratory stage in the National Congress Journals that were digitized by the Chamber of Deputies and made available for consultation through its Internet portal. The keyword search was made with the term “judiciary”, restricting the results to parliamentary speeches. Occurrences informing the condition of the justice system and those discussing reforms of the judiciary were selected. The chart was completed using other primary documents as well as secondary sources. The panorama formed over the selected period indicates that the conditions of the judiciary were so bad, or even worse, than nowadays, but it was not always qualified as a crisis. It was also possible to realize that the agreement about the problems of the judiciary was not enough to approve reforms. During the period of democratic rule between 1946 and 1963, many proposals for reform of the judiciary were all submitted, all of them by parliamentarians, but none were even put to the vote. During the authoritarian period, between 1964 and 1978, fewer reform proposals were made, but all were put forward by the government. Although there were discourses of crisis at the time of submission of these proposals, most were rejected when put to the vote, only one was effectively approved, but in a climate of embarrassment of parliamentary activity. These apparent incongruities were analyzed in the work in order to clarify the functioning of the discourses, their effects, limits and objective conditions. The analysis also revealed the emergence of a peculiar discourse within the Judiciary in response to general perceptions of crisis. This “non-crisis” speech lasted at least until the early 1990s and expressed the judiciary's unwillingness to perceive itself as responsible for the problems of the justice system. In conclusion, there is a resumption of work and a discussion about the inadequacy of crisis discorse to organize reforms and the risks of addressing them based only on the sense of urgency that those discourses give. The complexity of the administration of justice and its ongoing contingency must be understood, which requires evidence-based decision-making and a permanent reflection on the functions and purposes of the justice system, and an ongoing process of monitoring and evaluation for identify deficiencies and refocus directions.
Unidade Acadêmica:	Faculdade de Direito (FD)
Informações adicionais:	Tese (doutorado interinstitucional)—Universidade Federal Rural do Semiárido, Universidade de Brasília, Faculdade de Direito, Programa de Pós-Graduação em Direito, 2019.
Programa de pós-graduação:	Programa de Pós-Graduação em Direito
Licença:	A concessão da licença deste item refere-se ao termo de autorização impresso assinado pelo autor com as seguintes condições: Na qualidade de titular dos direitos de autor da publicação, autorizo a Universidade de Brasília e o IBICT a disponibilizar por meio dos sites www.bce.unb.br, www.ibict.br, http://hercules.vtls.com/cgi-bin/ndltd/chameleon?lng=pt&skin=ndltd sem ressarcimento dos direitos autorais, de acordo com a Lei nº 9610/98, o texto integral da obra disponibilizada, conforme permissões assinaladas, para fins de leitura, impressão e/ou download, a título de divulgação da produção científica brasileira, a partir desta data.
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