CONSTANCA REZENDE
BRASILIA, DF (FOLHAPRESS)
The CNJ (National Council of Justice) formed a majority this Tuesday (26) to create a gender alternation policy when filling vacancies for the second instance of the Judiciary.
The normative act proposes the alternation between women and men according to the opening of vacancies for career magistrates based on merit criteria.
In order to reach consensus among the members of the body, the criterion that also included alternation by seniority was removed from the proposal of the process rapporteur, Salise Sanchotene, a point that generated disagreements.
The discussion was guided by minister Rosa Weber, president of the CNJ and the STF (Supreme Federal Court), on the eve of her retirement. This was his last session at the helm of the CNJ.
If approved, the text will come into effect in January 2024, and the first open vacancy must be filled by a judge of a different gender than the last one promoted. The rule will be maintained until each court reaches a gender ratio of between 40% and 60%.
According to its text, they must also verify, in the total number of positions held, gender parity, regardless of origin (career magistracy or fifth constitutional position).
Once the gender disproportion in the total number of positions filled is identified, the court must implement affirmative action, in the access granted to career judges.
Affirmative action must be temporary and last until parity is achieved in the courts. To measure the results, the CNJ must maintain an updated database on the composition of the courts, disaggregated by gender and position.
Salise explained that, even when looking at the seniority criterion, “it is not possible to say that men and women have the same opportunities in the judicial career.”
“A closer examination clearly reveals that it is not purely and simply about counting the time for judicature, that is, getting in line and waiting for your turn, but also about having better conditions to pursue your career”, said the counselor.
Within the CNJ, on the eve of the vote, movements of female judges went through the offices to defend the change while judiciary associations demonstrated against it.
The change in the seniority rule was the main focus of resistance among magistrates. Defenders of the change claim that, although the criterion appears objective, it disregards a series of problems, such as biases in examination boards.
Measures to try to expand representation in the Judiciary have been discussed since the administration of Minister Cármen Lúcia.
In 2018, when I presided over the CNJ, a resolution was approved establishing the National Policy to Encourage Women’s Institutional Participation in the Judiciary.
Despite this, experts say that women continue to face more barriers to being promoted in their careers.
Data from the CNJ’s Justice in Numbers report for 2022 shows that women make up 38% of the country’s more than 18,000 magistrates. While in the first degree they reach 40%, in the second instance the percentage is 25%.
The survey showed that there were 13 courts in the country without female judges and ministers.
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