Courts of Appeals autonomy: case law study of the Covid-19 pandemic

Abstract

The present study intends to debate and review the court decisions about the possibility of the courts of justice to establish internal rules on the bylaws governing about the elections of the board, considering the administrative and financial autonomy granted to the courts by articles 96, I, and 99 of the CF/1988. The analysis of the cases law was revised based on the parameters used to apply the federative principle in the judgments, whose constitutional interpretation used in the former court decisionans, in particular the Federal Supreme Court (STF), declared the partial unconstitutionality of the articles. For that, we use the logical deductive method, the court decisions analysis and bibliographic review, which debates the constitutionality of the art. 102 of the Loman which limits the autonomy given to the Judiciary Branch by the federative principle. For this reason, it seems that due to the divergence between the ordinary law and the Constitution, the constitutional norm should prevail, which results in the revision of the constitutionality of art. 102 of Loman.