European Journal of Law Reform

Artikel

Judicial Delegation of Administrative Acts During the Execution Phase or Execution Process

The Application of the Constitutional Principle of Efficiency, Under the Inspiration of Recent Portuguese Law Reforms

Keywords Brazilian constitutional principle of efficiency, enforcement agents in Portugal, delegation of judicial procedural administrative and enforcement acts, enforcement proceedings
Authors Rafael Cavalcanti Lemos
Author's information

147617 Rafael Cavalcanti Lemos
Judge at the Pernambuco Court of Justice, Diploma in Civil Procedures Law, Federal University of Pernambuco.
  • Abstract

      The Constitutional Amendment 45/2004 emphasized the need for efficiency in both administrative and judicial judgments in Brazil and introduced the right of a trial within reasonable time (Art. 5, item LXXVIII) in the 1988 Federal Constitution. Although more judges are needed to comply with this constitutional requirement, no statutory regulation was enacted to date to conform to it, particularly to allow judges to delegate administrative and enforcement functions to civil servants. However, given that fundamental rights have immediate applicability, the principle of efficiency must be implemented regardless of further regulation. In Portugal, judges are not required to order executive acts, which are conferred to an enforcement agent. A similar system should be adopted in Brazil, leaving judges time for decision-making. An efficient judicial service is essential to strengthen the image of the Judiciary and depends on this type of reforms.

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