External control versus internal and administrative control: analysis of the supposed conflict of competency between the Nacional Council of Justice (CNJ) and the Federal Accounts Office (TCU)

Abstract

The purpose of this article is to discuss the conflict between the decisions of the CNJ and the TCU based on
the main arguments used by each agency to defend the supremacy of the former over the later. The conflict has been characterized based on the premise that these decisions are of distinct natures, one derived from internal and administrative control, and the other, from external control. The debate has gained relevance, since the Council, when attributing to itself the title of a specific agency of control of the Judiciary, has ventured in the competency of breaching and ordering breach of the decisions of the Court of Accounts, which privilege – not prerogative – is not, in principle, supported by the Federal Constitution of 1988.