Resumo

ANDRADE SANTAMARIA, Danilo Rafael; TORRES ORTIZ, Bolívar Enrique  e  MEDINA RIOFRIO, Carlos Alfredo. The interference of governments in the judicial function affects the principle of judicial independence. Dilemas contemp. educ. política valores [online]. 2021, vol.8, n.spe4, 00045.  Epub 20-Set-2021. ISSN 2007-7890.  https://doi.org/10.46377/dilemas.v8i.2798.

With the return to democracy since 1979, the principle of judicial independence was stated in article 96, stating: “The organs of the judicial function are independent in the exercise of their functions. No authority can interfere in her own affairs”, contradictorily in the same Constitution of 1979 in article 101 it says that “they are appointed by the National Chamber of Representatives…” which at that time lasted six years in their functions; From the return to democracy until 2021, I will constitutionally and legally demonstrate that the judicial function never truly assumed judicial independence since 1945, and judges were appointed through the Legislative Branch.

Palavras-chave : democracy; Constitution; judicial independence; judicial function; legislative function.

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