Proposals for the appointment of ministers of the Supreme Court

Authors

  • Carlos Eduardo Ferreira dos Santos Universidad de Salamanca

Keywords:

Magistrate, Minister, Supreme Court, Nomination, Model

Abstract

This study analyzes the criteria adopted to appoint ministers of the Supreme Federal Court in Brazil from the first Republican Constitution of 1891 until the present Constitution of 1988. After examining the requirements contained in the internal legal system, a study is carried out compared with the North American and German models. Then, we go through the methods commonly used for the appointment of magistrates in the Judiciary. In the end, the author lists four proposals to appoint judges to the governing body, consistent with the technical-legal model; model democratic, model mixed and composite model. Considering the diversity of systems and criteria in the choice of judges of the Supreme Court, it is suggested that society be heard through plesbicite, in order to decide the national model to be implemented.

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Published

2021-08-31

How to Cite

FERREIRA DOS SANTOS, Carlos Eduardo. Proposals for the appointment of ministers of the Supreme Court. Revista do Tribunal Regional Federal da 1ª Região, [S. l.], v. 33, n. 2, p. 45–58, 2021. Disponível em: https://revista.trf1.jus.br/trf1/article/view/315. Acesso em: 4 dec. 2024.