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NATIONAL SCHOOL OF FORMATION AND TRAINING§ão-ENA… · oral exam . sentence exam . essay exam ....
Transcript of NATIONAL SCHOOL OF FORMATION AND TRAINING§ão-ENA… · oral exam . sentence exam . essay exam ....
NATIONAL SCHOOL OF FORMATION AND TRAINING
OF THE LABOR JUDGES (ENAMAT)
ALOYSIO CORRÊA DA VEIGA,
Justice of the Superior Labor Court, Brazil ENAMAT’s Director
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THE PRESENTATION IN DISPLAY
1. THE SCHOOL’S STRUCTURE 2. THE JUDICIAL BRANCH IN BRAZIL 3. THE PROCESS OF BECOMING A LABOR JUDGE 4. PROFESSIONAL FORMATION 5. ENAMAT’S ACTIVITIES 6. THE MAIN FRAMEWORKS OF THE FORMATION 7. INITIAL FORMATION 8. CONTINUED FORMATION 9. FORMATION OF THE EDUCATORS 10. DISTANCE EDUCATION 11. ENAMAT’S NUMBERS 12. GET TO KNOW ENAMAT 2
THE SCHOOL’S STRUCTURE
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Director
Justice Aloysio Corrêa da Veiga Vice director
Justice Horácio Raymundo de Senna Pires Consulting Council
Justice Emmanoel Pereira Justice Maria de Assis Calsing Justice Walmir Oliveira da Costa Judge Alexandre Teixeira de Freitas Bastos Cunha - TRT 1st regional division Judge Flávia Simões Falcão - TRT 10th regional division Judge Martha Halfeld Furtado de Mendonça Schmidt – Labor Chamber 3rd regional division Director’s assisting Judge: Judge Giovanni Olsson – Labor Chamber 12th regional division Secretary of courses and administration: Denimar Ferreira de Menezes Noronha
2. NATIONAL JUDICIARY SYSTEM
The Judicial Branch in the Federal States
Federal Justice
CNJ
STF
STJ
27 TJs
Varas Estaduais
5 TRFs
Varas Federais
STM
Auditoria Militar
TSE
27 TREs
Juízes Eleitorais
TST
24 TRTs
Varas do Trabalho
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JUDGES
(33 “Justices”)
Judges of the Federal States
(“Desembargadores”)
MAIN SUBJECTS: - FAMILY LAW “JUDGE OF LAW” - SUCCESSION LAW “SUBSTITUTE JUDGE” - CONTRACTS - CRIMINAL LAW (FEDERAL STATES) - TAXATION (LOCAL ‘MUNICÍPIOS’ AND FEDERAL STATES)
STJ
27 TJs
Varas Estaduais
2.1. THE JUDICIAL BRANCH IN BRAZIL
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2.2. FEDERAL JUSTICE
ORDINARY FEDERAL JUSTICE
LABOR JUSTICE
ELECTORAL JUSTICE
MILITARY FEDERAL JUSTICE
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2.3. ORDINARY FEDERAL JUSTICE
33 JUDGES (”Justices”)
FEDERAL JUDGES (“Desembargadores“) MAIN SUBJECTS : -ADMINISTRATION (FEDERAL GOVERNMENT) - CRIMINAL LAW (National and International) - FEDERAL TAXATION
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STJ
5 TRFs
Varas Federais
“ FEDERAL JUDGES” “ SOCIAL SECURITY
SUBSTITUTE FEDERAL JUDGES”
2.4. LABOR (FEDERAL) JUSTICE
27 JUDGES (“Justices”)
554 JUDGES (“Desembargadores”) MAIN SUBJECTS : - LABOR RELATIONS - OTHER WORK RELATIONS - UNIONS
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TST
24 TRTs
Varas do Trabalho
1.518 “LABOR JUDGES” 1.768 “SUBSTITUTE LABOR JUDGES”
Tribunais Regionais do Trabalho
Existing judges positions Sept/2011
TST – 27 TRT – 554
Varas – 3286
3. THE PROCESS OF BECOMING A LABOR JUDGE
A 5 levels selection EVALUATION OF ACADEMIC AND
PROFESSIONAL CREDENTIALS
ORAL EXAM
SENTENCE EXAM
ESSAY EXAM
MULTIPLE CHOICE EXAM
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4. PROFESSIONAL FORMATION
AN INTEGRATED SYSTEM OF LABOR JUDGES FORMATION
ENAMAT 24 JUDICIAL SCHOOLS
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5. ENAMAT’S ACTIVITIES
1. INITIAL FORMATION
2. CONTINUED FORMATION
3. FORMATION OF THE EDUCATORS
4. STUDIES AND RESEARCH ACTIVITIES
5. NATIONAL COORDINATION OF THE FORMATION ACTIVITIES ORGANIZED BY THE REGIONAL
SCHOOLS AIMING THE QUALIFICATION OF THE LABOR JUDGES
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6. THE MAIN FRAMEWORKS OF THE FORMATION
6.1. Principles of the formation 6.2. Knowledge concerning the judges 6.3. Objectives of the formation 6.4. Core themes of the formation
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6.1. PRINCIPLES OF THE FORMATION
In the methodological plan, the formation of the labor judges is based on the following principles:
a) The acquisition and systematic and progressive application of
knowledge in the professional practice. b) Total access of the judges to the set of tools and moments of the
formation. c) Internal democratization and transparency, in the schools, of the
process of building, managing and sharing knowledge related to the professional practice.
(continues...)
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6.1. PRINCIPLES OF THE FORMATION
d) Total respect for the freedom of thinking and for the convictions of the student-judge on all the courses, from the creation of the pedagogical programme to the evaluation.
e) Professional and institutional aspect of all the elements of the formation. f) Systematic integration of the formation units around common objectives.
(continues...)
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6.1. PRINCIPLES OF THE FORMATION
g) Sharing the actions and decisions concerning the formation between the courts and the judicial schools of each region.
h) An active and interactive attitude of the student-judges throughout the learning process, with the help of teaching techniques that prioritize the dialogue and the participation when knowledge and experiences are being shared.
i) A monitored, individual and progressive insertion into the work
environment and the attributions regarding the position.
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6.2. KNOWLEDGE CONCERNING THE JUDGES
- SOCIOLOGICAL - TECHNICAL-JURIDICAL - ADMINISTRATIVES - PSYCHOLOGICAL - DEONTOLOGICAL - OTHERS ATTITUDE KNOW HOW
KNOWLEDGE
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6.3. OBJECTIVES OF THE FORMATION
Reinforce and complement the theoretical knowledge of the judges, considering practical needs that result from the application of the legislation in the jurisdictional activity (conciliation, instruction and effects of the decisions).
Master the juridical methodology when performing jurisdictional functions.
Promote studies and reflexion on the topic of professional deontology and interpersonal matters.
Get acquainted with essential communication, management and information technology concerning the judicial activity.
Develop capabilities towards logical argumentation and persuasion in the process of issuing rulings.
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6.4. CORE THEMES OF THE FORMATION
THE JUDGE’S CONCRETE ACTIVITY
PRACTICAL-THEORETICAL ASPECT- GENERAL COMPETENCIES
PRACTICAL-THEORETICAL ASPECT- SPECIAL COMPETENCIES
-Argumentative and rational -Jurídico-diquelógico -Juridical-deontological -Institutional policy -Administrative -Jurisdictional-labor -Juridical-labor -Socio-interative -Socio-psychological -Professional-formative 43
7. INITIAL FORMATION
OBJECTIVES : To integrate the juridical knowledge acquired in the
university formation with the necessary skills in order to become a judge.
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7.1 NUMBERS — INITIAL FORMATION
Year Certified
2006 72 JUDGES
2007 150 JUDGES
2008 174 JUDGES
2009 95JUDGES
2010 46 JUDGES
2011 54 JUDGES
TOTAL 591 JUDGES
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8. CONTINUED FORMATION
OBJECTIVES : Enable personal and professional exchange between judges.
Acquire new professional skills.
Develop and improve skills already acquired.
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8.1. NUMBERS – CONTINUED FORMATION
Year Certified 2006 50 JUDGES 2007 35 JUDGES 2009 112 JUDGES 2010 1.185 JUDGES 2011 253 JUDGES
TOTAL 1.684 JUDGES
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9. FORMATION OF THE EDUCATORS
OBJECTIVES :
Create the group of educators of the judicial schools.
Create the administrative group of the judicial schools.
Create other areas of work pedagogically related (programmes,
tutorials, etc.). Spread the methodology of professional education.
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9.1. NUMBERS – FORMATION OF THE EDUCATORS
Year Certified 2007 45 JUDGES 2008 48 JUDGES 2009 186 JUDGES 2010 117 JUDGES 2011 51 JUDGES
TOTAL 447 JUDGES
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10. DISTANCE EDUCATION
Continued Distance Formation
Year
Certified
Judicial administration
2010
51 Judges
Judicial administration 2010 1.094 Judges
Judicial administration 2011 200 Judges
Execution under labor procedures 2011 42 Judges
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10.1. DISTANCE EDUCATION
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Distance Formation Of the
educators
Year
Certified
Instructor’s formation through
distance education
2010
56 Judges
10.2. DISTANCE EDUCATION
Execution under Labor
Procedures
October 2011 500 Judges
General Theory of the electronic procedures
November 2011 500 Judges
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2011 Expectations
10.3. DISTANCE EDUCATION
Course Certified
Formation of instructors 303 judges
Continued Formation 1.405 judges
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11. NUMBERS — ENAMAT
2006—2011 → Initial Formation – 591 Judges; → Continued Formation – 1.684 Judges; → Formation of educators– 386 Judges; → TOTAL: 2.722 Judges
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12. GET TO KNOW ENAMAT