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Prominent in the history of the Brazilian Judiciary not only for being a renowned jurist, but also for being a pioneer and symbol of progress in female representation, Ellen Gracie was appointed to the position of minister of the STF in 2000, by then president Fernando Henrique Cardoso, becoming her becomes the first woman to join the country's highest court.  

 

Currently retired from the Supreme Court and working as a lawyer, Ellen Gracie spoke with the TV - Center for the Study of Law Firms. Among the topics covered, the participation of women in senior positions in the Judiciary, the reformulation of the Law course curriculum and the growing practice of predatory law in the country stand out.

 

Watch the interview:

 

 

 

Law Curriculum

 

According to the retired minister, to improve the efficiency and equity of the legal system as a whole, it is necessary to invest in reforms  in Law courses in Brazil. For her, the large number of law schools has not exactly brought advantages to law. 

 

"We have had countless cases of faculties that offer teaching of a much lower quality.  There needs to be greater attention from those responsible for our higher education so that the curricula of Law faculties are updated." 

 

For Ellen Gracie, given the increasing judicialization of society's problems, it is necessary to reformulate curricula with a broader focus on conflict resolution. 

 

"[Justice] has already reached unsustainable numbers. We have the highest ratio on the planet between inhabitants and number of cases in court. [...] It is not possible for us to continue in this way." 

 

Predatory litigation

 

In addition to the difficulties of judicialization in the country, Ellen Gracie also highlights the growing number of cases involving predatory litigation. According to the General Inspectorate of Justice of the State  of São Paulo, it is estimated that this practice generated, on average, 337 thousand new cases per year in the period from 2016 to 2021, in São Paulo alone, which would lead to an annual deficit of approximately R$2.7 billion.  During the period studied, the impact would therefore be greater than R$16 billion.

 

"It is a major concern already mentioned in the STF [...]. [The practice] causes enormous losses, brings no benefit to the countless authors of these mass issues and [...] undermines the profession of law."  

 

In an attempt to overcome this challenge, Ellen Gracie highlights the importance of active collaboration between both the Judiciary and representatives of the legal profession to debate the path forward.

 

"No solution will be complete with just one side of this equation. Without the judges, without their cooperation, it will not be possible to address the problems. And, on the other hand, without the active participation of the legal profession, through its representative bodies, such as the Bar Association, also [will not have] adequate solutions." 

 

Gender Challenge

 

Another difficulty faced by the Judiciary, according to Ellen Gracie, is the gender barrier. The minister highlights the importance of the  gender alternation policy created by the  CNJ to fill vacancies for the 2nd instance of the Judiciary. 

 

"This will, over time, provide the opportunity for women to also participate in the upper echelons of the Courts of Justice." 

 

According to the retired minister, this determination comes in an attempt to remedy the low number of women in high-level positions. 

 

"It is the recognition that women magistrates who are very successful in competitions and who enter in large numbers in the 1st instance, sometimes are unable to have such a favorable network of relationships that allows them access to the 2nd instance and higher courts . So this is a formula found for the solution."