O abuso de autoridade no poder judiciário: análise da independência judicial a partir da nova Lei de Abuso de Autoridade

Abstract

The creation of the new Law on Abuse of Authority caused great discussions in the academic/legal environment, regarding the limitation of the magistrate's judicial independence, considering the context of political crisis result from the investigations conducted by Lava Jato Operation. In Italy, during Clean Hands Operation, launched in the 1990s, several laws were created by the Italian Legislative Power, with the order to stop the progress of investigations into corruption crimes. From this context, the objective was to analyze the judicial independence, after the creation of the new Law of Abuse of Authority and to verify if the referred law can be considered a reaction law of the Brazilian Legislative Power, similar to the Italian reactive laws, during the period of Clean Hands, Italy. Therefore, the qualitative methodological approach was used, under the deductive method, using a literature review, based on books, scientific articles and legislation. Still, it was chosen for the application of a structured interview, in order to verify the reality about the theme. Thus, it is clear that the new law on abuse of authority was created in a context of political tension, similar to that which occurred during Operation Clean Hands, but the referred law has no direct influence on the Italian operation. The new law on abuse of authority, although necessary, can be considered a legislative reaction by the Brazilian Legislative Power to the anti-corruption measures taken during Lava Jato Operation. It was understood that Brazilian magistrates have institutional and functional guarantees that ensure their independence, and their performance is contained, through the rules of accountabilities. The new law on abuse of authority could act as an external accountability instrument for the Judiciary.