Entre Juízes e juízes: hierarquias veladas, pirâmides e (des)igualdades

Abstract

This paper proposes to think about legal inequality from the perspective of the hierarchies between the branches of government, a dimension that so far was not familiar to our work, which has always been concerned with articulating legal inequality from the perspective of the relations between citizens and the state, explicitly showcased in law making and its adjudication. In this context, the problematization that inspired us arose when the "Métis Operation”, launched in the context of Lava Jato in October 2016, was announced by the media, when four legislative police officers were arrested. We consider that this episode would be emblematic to explain other knots in Brazilian legal culture, allowing us to add more descriptive density to one of its most striking features, which is legal inequality. Although the episode dates from the year 2016, it is still current, not only because recently, in the year 2019, the STF annulled the search and seizure measures implemented in the course of the operation , but also because the case installed a "crisis" between the Legislative and the Judiciary, in face of the manifestation of Senator Renan Calheiros, serving then as the President of the National Legislative Bordy, who felt "offended" by the fact that it had been the target of searches and seizures determined by a "judgling" of the lower courts, quoting the Senator himself. In this context, this work is one more piece in the puzzle of our "mosaic of inequalities" and has allowed us to think about the internal and veiled hierarchies between the branches of government. We verified, based on the speeches and theoretical inspirations we drew upon, that, from the outside, the Judiciary presents itself as a whole, unique, indivisible, body which has been equally demeaned by the Senator's speech. as a pyramid - a dimension of legal inequality that had not, until then, been considered in our previous work. The level of disregard to which the judiciary found itself subjected through the Senator's speech represented a threat to the maintenance of the current order - of independence between the Powers - even if this structure also includes veiled hierarchies. So much so that the depreciation suffix "-ling", used by the Senator, was seen as a trigger for what was called, at the time, an "inter-powers crisis". We consider the case of the Senator and the Judge enlighting because it reveals dimensions of honor and dignity that merge with the reflections on legal inequality leading us to other possible dimensions of our research. - Associação Magistrados Brasileiros) (grifos