THE DISCIPLINARY COMPETENCE OF THE NATIONAL JUSTICE COUNCIL UNDER THE PERSPECTIVE OF THE PRINCIPLE OF INDEPENDENCE AND THE LIABILITY OF THE JUDICIARY

Abstract

The aim of this work is to analyze the disciplinary competence of the National Council of Justice under a plan polarized by two forces, namely: on one hand, judicial independence and on the other, the accountability of the Judiciary, especially the individual members in the exercise of their functions. In order to analyze this conflict, the aim is to contextualize the creation of the National Justice Council, to briefly present its structure, functioning and competences and to discuss in a deeper way the exercise of the Council's disciplinary competence under the perspective of independence and autonomy of judges and the need for ethical-disciplinary liability of agents of the judiciary. Lastly, it is intended to study the nature of the disciplinary competence of the National Council of Justice and to discuss whether this competence has a concurrent or subsidiary character in relation to the attributions of the of the
courts in general. Thus, using an analytical-procedural theoretical framework, the understanding is built based on the meeting, reading and critical analysis of normative devices, doctrine and approach of the legal community on the subject.