A exposição dos magistrados brasileiros nas redes sociais e seus reflexos institucionais

Abstract

This work aims to analyze a figure of the magistrate as an indispensable part in the Democratic State of Law, a permanent member of the Judiciary and, consequently, the personification of the jurisdictional function inserted in the digital scenario of social networks. With the exponential increase in the science of human relations, the judge cannot abstain from this new reality, in the midst of this scenario there are some inherent difficulties in human relations, because in this situation the conflicts between institutional principles and the personal freedom of the magistrate must be resolved. , with a view to maintaining the legitimacy of the Judiciary and preserving the judge's freedom of expression when participating in this new technological group. The work initially presents the doctrinal construction of the concept of the magistrate concept as a public agent, surrounded by the internal constitutional principles of public administration, based on the supremacy of the public interest and its functional legal relationship, with the demonstration of the proper principles of judicial activity. Subsequently, a historical narrative of social networks demonstrating its scope and strength of action in postmodern contemporary society, combined with the participation of members of the judiciary in this new area, which is the digital world. The study through bibliographic and jurisprudential research will discuss how agreements involving the dynamics between Brazilian courts have behaved in this recent social fact, which is the migration of life to the virtual. Finally, an analysis of the booklet established by the National Council of Justice in 2019, directed to all magistrates of the Brazilian judicial power, as well as a bibliographic search of CNJ Ordinance No. 305, authorized by the then President of the Supreme Federal Court, Minister José Antônio Dias Tofolli, who regulates the activity of the judiciary on social networks. The conclusion that can be considered from the study is that with the implementation of a greater activity dedicated to delimiting the limits of the freedom of exposition of the magistrates it is necessary, without necessarily hindering all its indispensable in social networks, considering that, they are currently the ones that emanate social phenomena.