Judges And Prosecutors In Brazil Will Have To Reside In The Districts And Will Be Monitored By Geolocation. Understand The New Supervision Rules.
The CNJ And The CNMP Will Start Monitoring Judges And Prosecutors Throughout Brazil By Geolocation To Ensure They Reside In The Districts Where They Operate.
The measure, presented this week, reinforces the supervision of the professionals’ physical presence and limits remote work to exceptional cases.
With this initiative, the councils increase transparency, boost productivity, and strengthen administrative control.
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Stricter Rules For Magistrates
According To The Draft Prepared By The CNJ, Presiding Judges Must Live In The Corresponding District Or Judicial Subsection. The Conduct Of Hearings And Services By Digital Means Will Only Be Permitted With Authorization From The Corregedoria.
Even In Authorized Situations, Residency Outside The Headquarters Cannot Exceed 100 Kilometers In Distance. Additionally, The Magistrate’s Productivity Must Remain Compatible With National Goals.
Exceptions, Such As Health Problems Or Personal Security Issues, May Justify Temporary Authorizations. These Permissions Will Have A Maximum Duration Of 12 Months, Renewable. However, The CNJ Made It Clear That There Will Be No Right To Daily Allowances Or Reimbursement Of Expenses.
Supervision With Geolocation And Biometric Data
The Corregedorias Will Assume Supervision To Ensure Compliance With The New Rule. They Will Adopt Semiannual Reports, Periodic Inspections, And Technologies Such As Geolocation And Biometric Data.
The Text States That The Magistrate Must Remain, At A Minimum, Four Days A Week At The Headquarter Of The District. Noncompliance Will Constitute A Serious Functional Infraction.
Thus, The Proposal Strengthens Administrative Control And Directly Addresses Criticisms Regarding The Excessive Use Of Digital Resources In Roles That Require Physical Presence.
Prosecutors Will Also Have New Obligations
The CNMP Drafted A Document For The Public Prosecution Service, Determining That Prosecutors And Attorneys Must Reside In The Localities Where They Carry Out Their Functions. However, They Can Only Work Remotely In Exceptional Situations.
The Body Conditions Authorization, Valid For Up To 12 Months, On The Fulfillment Of Specific Criteria, Such As Disciplinary Integrity, Absence Of Cases Pending For More Than 120 Days, And Adequate Productivity. This Way, It Ensures That Only Professionals With Proven Performance Receive The Measure.
Removal Only Occurs For Verified Health Or Security Reasons. The Authorization Remains Personal, Revocable At Any Time, And Does Not Generate Financial Benefits. Thus, The CNMP Maintains The Exceptional And Controlled Nature Of The Measure.
Normative Update And Impacts
The CNMP Repealed Resolution 26/07, Justifying The Measure By The Need For An Update In Light Of Technological Advances. The CNJ, In Turn, Seeks To Consolidate Understandings About The Requirement Of Residency, Ensuring That Judges And Prosecutors Perform Their Functions In Person.
The Councils Reinforce That The Constant Presence Of Magistrates In The Districts Strengthens Social Trust And Brings Institutions Closer To The Population.
At The Same Time, Geolocation And Other Digital Tools Act As Strategic Allies In Supervision, Providing Real-Time Data On Professional Activities.
Brazil Increases Oversight Over The Justice System
The Measure Redefines The Routine Of Judges And Prosecutors And Places Transparency And Efficiency Of The Justice System At The Center Of The Debate.
Integrated Geolocation With Supervision Ensures Greater Control Over In-Person Activities And Strengthens The Direct Link Between Institutions And The Communities Served.

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