Интервю04 октомври 2026 г.
Judges Around the World: Andréa Galhardo Palma, State Judge, São Paulo State, Brazil
1. Becoming a Judge
In Brazil, judges enter the career through a public competitive examination (concurso público), open to law graduates with at least three years of legal practice. The process includes written exams on multiple areas of law, an oral exam, a psychological/psychotechnical evaluation, and a background and character review. There is no political appointment for first-instance judges — merit and examination performance are the only path. After approval, the judge serves a two-year probationary period before receiving lifetime tenure.
2. The Judicial System
Brazil has a dual structure: state courts (like the São Paulo State Court, where I sit) and federal courts, each with specialized branches (labor, electoral, military). First-instance judges decide individually; appeals go to State or Regional Federal Courts. The Superior Court of Justice (STJ) is the highest court for uniform interpretation of federal infra-constitutional law, while the Supreme Federal Court (STF) is the highest authority on constitutional matters.
3. Judicial Appointment and Independence
First-instance judges are selected exclusively through the competitive examination described above, insulating entry from political influence. Higher-court seats combine career promotion with a portion reserved for lawyers and prosecutors (the "one-fifth constitutional" rule) and, for the STF, presidential appointment with Senate confirmation. Independence is constitutionally guaranteed through lifetime tenure, irremovability, and salary protection, overseen administratively by the National Council of Justice (CNJ).
4. A Judge's Everyday Work
My days combine hearings, deliberation, drafting decisions, and case management — currently over 2,200 active insolvency, corporate and arbitration-related cases across 173 municipalities. What often surprises foreign colleagues is the sheer volume: Brazilian judges handle caseloads far above international averages, and almost everything runs through a fully electronic case-file system, with no paper docket at all.
5. Judicial Training – Beginning the Profession
Before taking office, newly approved judges undergo intensive training organized by state judicial schools — in São Paulo, the Escola Paulista da Magistratura (EPM) — covering procedural practice, judicial ethics, case management and decision-writing. The National School for the Training and Improvement of Magistrates (ENFAM) sets the national curriculum guidelines that all state schools must follow.
6. Continuing Judicial Education
Yes, continuing education is expected throughout a judge's career and factors into promotion. It is delivered by ENFAM nationally and by state schools like EPM, plus academic partnerships. Current priority topics include artificial intelligence and judicial ethics, insolvency and corporate reform, alternative dispute resolution, gender-based violence, and digital case management.
7. Judges and Society
Within the limits set by judicial ethics rules — which restrict overt political activity — judges are encouraged to teach, write academically and speak at conferences, provided such participation is strictly academic in nature and free of remuneration or sponsorship, in line with the recent Provimento 15/2026 of the Corregedoria Geral de Justiça of the São Paulo State Court, which specifically regulates this activity. I regularly lecture on arbitration, mediation, dispute boards and insolvency on this academic basis, which I see as a legitimate way to strengthen public understanding of the justice system without compromising impartiality.
8. Judicial Independence in Practice
The main current challenges are budgetary constraints, an overwhelming caseload that strains institutional capacity, and growing public pressure — sometimes amplified by social media — on sensitive cases. Judges are protected by constitutional guarantees of tenure and salary, institutional security measures, and CNJ oversight mechanisms that shield the profession from external interference.
9. Women in the Judiciary
Women now represent a substantial and growing share of Brazilian judges at first instance, though representation thins out at appellate and leadership levels, including court presidencies. In traditionally male-dominated specialties such as corporate law, insolvency and arbitration — my own field — women are still a minority, and balancing demanding careers with family responsibilities remains a real challenge.
10. Technology and the Courts
Technology has transformed Brazilian courts dramatically: virtually all case files are electronic (the PJesystem), hearings are frequently held remotely, digital evidence is standard, and automated tools handle case distribution, deadline tracking and procedural triage.
11. Artificial Intelligence and Judges
Yes — AI tools are increasingly used for legal research, jurisprudence search, document summarization, translation and drafting support. The National Council of Justice regulates this use (notably through Resolution 332/2020 and subsequent guidance), requiring transparency, human validation and prohibiting AI from replacing the judge's own reasoning in the final decision.
12. AI and Judicial Independence
AI offers real gains in efficiency, consistency and access to justice, especially given Brazil's massive caseload. The risk lies in opacity, bias embedded in training data, and over-reliance eroding independent judgment. The safeguard is simple in principle but demanding in practice: AI may assist, but the judge must always remain the accountable decision-maker, with full understanding of and responsibility for the reasoning behind any ruling.
13. The Greatest Challenges
The dominant challenge is volume — an extraordinary number of cases per judge, worsened in my field by the complexity of Brazil's reformed insolvency and recovery law. Add to that the pace of technological change, budget limitations, and, at times, security concerns in high-stakes corporate and insolvency disputes involving significant economic interests.
14. Public Trust in the Judiciary
Public trust in the Brazilian judiciary is mixed and closely tied to perceptions of speed, consistency and transparency. What helps most is clear communication, published and reasoned decisions, efficient case resolution, and visible efforts — including through academic outreach — to explain how and why courts decide as they do.
15. Looking Ahead
Over the next decade, I expect deeper AI integration, greater specialization (especially in insolvency, arbitration and complex commercial disputes), and stronger international cooperation on cross-border cases. Future judges will need not only legal expertise but also technological literacy, negotiation and mediation skills, and adaptability to constant procedural change.
16. Your Journey as a Judge
The most rewarding part has been seeing court decisions genuinely help preserve companies, jobs and economic value through business recovery proceedings — justice with real, tangible social impact. The greatest lesson has been that efficiency and fairness are not opposites: a well-managed process actually protects the rights of all parties better than a slow one.
17. A Message to Judges Around the World
Invest continuously in your own education — legal, technical and technological — because independence is best protected by competence, not isolation. And never lose sight of the human and economic consequences behind every case file.
One sentence on what being a judge means to you: Being a judge means turning legal reasoning into real protection for people, businesses and the economic fabric they depend on.
Judge Profile:
Name and judicial position: Andréa Galhardo Palma, State Judge
Country: Brazil
Court / jurisdiction: 2nd Regional Business, Insolvency and Arbitration Court of São Paulo — São Paulo State Court of Justice (covering 173 municipalities in São Paulo State)
Years in the judiciary: 26 years (since 2000)
Short biography:
Andréa Galhardo Palma has been a São Paulo State Court judge since 2000, heading the 2nd Regional Business, Insolvency and Arbitration Court, covering 173 municipalities. She has handled over 2,200 cases involving contracts, insolvency/recovery and domestic arbitration. She holds a law degree from USP, an LLM in International Commercial Arbitration from the University of Pennsylvania, a PhD in Business Law from FGV, and a specialization from Columbia University. She is a Fellow of the International Insolvency Institute, of the Chartered Institute of Arbitrators (FCIArb) and of the Weinstein JAMS International Fellowship (JAMS Foundation), and a frequent speaker on dispute resolution.