A POSSIBILIDADE DO EXERCÍCIO DO GRÃO-MESTRADO POR MAGISTRADOS BRASILEIROS À LUZ DA CONSTITUIÇÃO DE 1988

Abstract

The Law of the Judiciary of Brazil and the plenary decisions of the National Council of Justice forbid the possibility of magistrates to exercise the presidency of associations, including Freemasonry. Since the edition of the first recommendation against the accumulation of the judiciary with the exercise of the position of Grand Master, there have been magistrates who have managed to fulfill their mandates as Grand Masters, by virtue of injunctions granted by the Supreme Federal Court. The prohibitions imposed on judges have purposes such as preserving the impartiality and dedication inherent in the career and the volume of service in the judicial units and bodies of the Judiciary. The exercise of the position of Grand Master, however, will not necessarily affect the magistrate's impartiality or productivity, since the administration of the Masonic Power has dozens of collaborators and Freemasonry is an eminently philosophical institution, whose regulations and moral teachings not only stimulate suitable professional conduct, but they also abhor indulgence towards any member of the fraternity. This article will defend the compatibility of the exercise of the Grand Master of a Masonic Power with the laborious career of the judiciary, either by the absence of prejudices to the performance of the judicial function, or by the prevalence of the magistrate's fundamental rights to freedom of conscience, protection of convictions philosophical and full freedom of association.