The Ethics of Judicial Profession in Brazil: Governing Adjudication Through Human Rights

This paper aims to present a project that address the significant gap between judicial practices and legal scholarship in Brazil and to foster closer engagement of Brazilian federal judges with scholars. The project will advance research, policy and practice in three main areas: a) mapping of judicial rulings that rely on arguments clearly disconnected with legal texts and based on ad hoc reasons (i.e. arguments only applied for one singular case) to restrict fundamental rights; b) examination of judicial institutions and practices within the Brazilian judiciary, mainly those focused on salaries and benefits; c) developing judicial ethics guidelines, with the view to establish practical principles of governance of the judicial profession in Brazil on the basis of international human rights and best practices. The project addresses a pressing need in countries that have transitioned to democracy with limited judicial reforms, specially when judicialization of politics have taken place.