CNJ — Resoluções
Resolução CNJ nº 411/2021
Res. CNJ 411/2021
Institui o Programa Internacional “Visão Global do Poder Judiciário”.
O PRESIDENTE DO CONSELHO NACIONAL DE JUSTIÇA (CNJ), no uso de suas atribuições legais e regimentais,
CONSIDERANDO a necessidade de estimular os tribunais brasileiros na busca pela excelência, o que se traduz especialmente na disseminação de informações e de boas práticas no incremento da eficiência da prestação jurisdicional;
CONSIDERANDO a importância das cooperações internacionais como estímulo à troca de informações e ao debate jurídico, de maneira a coordenar esforços para o alcance de objetivos comuns;
CONSIDERANDO que a integração entre os atores do Poder Judiciário é de fundamental importância para o fortalecimento e promoção da segurança jurídica, como fator de estabilidade política, econômica e social;
CONSIDERANDO o deliberado pelo Plenário do CNJ no procedimento Ato no 0006174-20.2021.2.00.0000, na 336ª Sessão Ordinária, realizada em 17 de agosto de 2021;
RESOLVE:
CAPÍTULO I
DAS DISPOSIÇÕES INICIAIS
CAPÍTULO II
DOS OBJETIVOS
CAPÍTULO III
DAS INSCRIÇÕES
CAPÍTULO IV
DA SUPERVISÃO
CAPÍTULO V
DOS DIREITOS
CAPÍTULO VI
DOS DEVERES
CAPÍTULO VII
DO DESLIGAMENTO
CAPÍTULO VIII
DAS DISPOSIÇÕES FINAIS
Ministro LUIZ FUX
VERSÃO EM INGLÊS
THE PRESIDENT OF THE NATIONAL COUNCIL OF JUSTICE (CNJ), in the use of his legal and regimental attributions,
CONSIDERING the need to encourage Brazilian courts in pursuit of excellence, especially by disseminating information and good practices that increase jurisdictional efficiency;
CONSIDERING that international cooperation encourages the exchange of information and legal debate in order to coordinate efforts and achieve common goals;
CONSIDERING that integration among members of the Judiciaries strengthens and promotes legal certainty as well as political, economic, and social stability;
CONSIDERING CNJ Plenary's decision in the case n. 0006174- 20.2021.2.00.0000, at the 336th Ordinary Session, held on August 17th, 2021,
RESOLVES:
CHAPTER I
INITIAL PROVISIONS
Article 1
Establishes the International Program "Global Vision of the Judiciary", on a national, permanent, and continuous flow basis, in accordance with the rules set forth in the present Resolution.
Article 2
The International Program “Global Vision of the Judiciary” is exclusively intended for foreign judges from all the nations with which Brazil maintain diplomatic relations that have an interest in getting to know the bodies of the Brazilian Judiciary Power for a minimum period of 1 (one) month. (ammendment made by Resolution n°. 445, of 3.14.2022)
Paragraph 1
The foreign magistrate will not exercise jurisdiction in Brazilian territory.
Paragraph 2
The activities developed under the program constitute voluntary service, under the terms of Law 9.608/1998, and do not create employment relationships, nor social security or similar labor obligations.
Paragraph 3
All personal, accommodation, travel, and food expenses shall be afforded by the magistrates themselves or by their court of origin.
CHAPTER II
OBJECTIVES
Article 3
The International Program "Global Vision of the Judiciary" has the following objectives:
Sole paragraph.
The achievement of the objectives indicated in this article will observe the management guidelines established by the host organ, which correspond to the court or body of the Judiciary in which the activities will be carried out.
CHAPTER III
APPLICATIONS
Article 4
In order to apply for the International Program "Global Vision of Judiciary", the foreign magistrate shall register, through an electronic form provided by the National Council of Justice, following the instructions published in Portuguese and in at least one foreign language, preferably English.
Article 5
It will be required that the foreign magistrate presents the following documents:
Article 6
The magistrate must indicate, in the application form, the body of the Judiciary in which they intend to carry out the program.
Paragraph 1
The CNJ will contact the appointed court to verify the interest in participating in the program and receiving the qualified magistrate(s).
Paragraph 2
After formal acceptance by the Brazilian host body, the candidate must present proof that has received authorization to participate in the program by the Judiciary of origin.
Article 7
The application formore than one body of the Brazilian Judiciary is allowed, provided that registrations are made in separate and independent forms.
Sole paragraph.
If more than one court accepts the application, the magistrate may choose to have experience in more than one organ, but the program period in each one can not last less than two months nor occur simultaneously, and all the courts and bodies involved must be aware of the situation and accept it.
Article 8
The application confirmation will be sent to the email address indicated on the electronic form.
Article 9
By carrying out the application, the candidate will accept all the rules of this Resolution.
Article 10
The failure to comply with the requirements established in this Resolution will result in application refusal or in the program immediate interruption.
CHAPTER IV
SUPERVISION
Article 11
The activities of the foreign magistrate will be monitored by the host organ's international affairs unit, or related unit, with the support of the personnel management unit.
Sole paragraph.
The Chair of the Brazilian host body shall designate a supervising magistrate, who will be responsible for:
CHAPTER V
RIGHTS
CHAPTER
VI DUTIES
Paragraph 1
The foreign magistrate must present a report on their activities after the completion of the program to the host's international affairs unit or similar unit.
Paragraph 2
Any academic-scientific production resulting from the program must explicitly mention the International Program “Global Vision of the Judiciary”.
Paragraph 3
The duties and prohibitions provided for in the Complementary Law 35/1979 and in the Law 8112/1990 apply, as possibly, to the foreign magistrates.
CHAPTER VII
DISMISSAL
Sole paragraph.
The host body will communicate the end of the participation in the program to the court of origin.
CHAPTER VIII
FINAL PROVISIONS
Article 16
Without detriment to the rules provided for in this Resolution, the Presidency of the CNJ may resolve doubts and fill gaps about its application and is authorized to edit ordinances and notices establishing new terms, conditions, and requirements for the participation in the International Program "Global Vision of the Judiciary", which will be available in Portuguese and in at least one foreign language, preferably English.
Article 17
This Resolution comes into force on the date of its publication.
Minister LUIZ FUX