Mudança institucional e governo judicial: os conflitos entre CNJ e Justiça Eleitoral (2005-2015).

Abstract

The study aims to understand the institutional changes that developed from conflicts between the National Council of Justice (CNJ) and the Electoral Justice involving the prerogatives to decide on Judiciary internal matters. It is based on two theoretical pillars: Historical Institutionalism, following a more recent trend anchored in the model of endogenous and gradual institutional change, developed by Mahoney and Thelen (2010); and in the category of judicial government, understood as the concept that provides the broadest set of debates in which the thesis is inserted. From the analysis of the processes involving the two institutions judged by the CNJ and the Superior Electoral Court (TSE) in the first ten years of the Council's activities (2005-2015), it was concluded that the conflicts emerged from a debate related to the distribution of power over the judicial government in the Electoral Justice. The institutional structure provided the agents with elements that enabled them to have a greater or lesser capacity for mobilization vis-à-vis other actors. In the Electoral Justice the observed change was the "layering" and in the CNJ it was the "conversion". The Council has been modifying the way it has dealt with matters related to Electoral Justice as the TSE has been blocking the implementation of its determinations. Also, there was a redirection of its focus of action on issues involving strategic planning and the implementation of goals and programs for the Judiciary as a whole, moving it away from matters related to the internal administration of Electoral Justice.