Banca de DEFESA: Sival Guerra Pires

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : Sival Guerra Pires
DATE: 08/04/2024
TIME: 16:00
LOCAL: https://teams.microsoft.com/l/meetup-join/ 19%3ameeting_ZTc3Mjc3NmEtMTJlZC00MzcxLWFmNDQtMzM1N2ZkYTAw
TITLE:

THE ARBITRARY JUDICIAL DECISIONS, THE NEED TO STRENGTHEN INTELLECTUALJURISDICTIONAL EXPECTATIONS AND THE INSTITUTIONAL RESPONSIBILITY OF THE JUDICIARY FOR THE LEGITIMACY OF MAGISTRATES' DECISION-MAKING PRACTICES

KEY WORDS:

Judicial discretion. Institutional jurisdictional expectations. Decision-making process. Responsibilities of the Judiciary. Institutional strategies.

PAGES: 400
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This doctoral thesis is part of the line of research “Legal Institutions, Separation of Powers and Constitutional Process”, of the Graduate Program in Law at UnB and investigates the historical problem of judicial arbitrariness, as an expression of the frustration of judicial expectations in the functional performance of magistrates, and the sociopolitical responsibility of the Judiciary for the legitimacy of these practices. The doctoral thesis deals fundamentally with the dynamics of the decision-making process of this activity, the centrality of intellectual-judicial work and the reactions of the Judiciary Branch in order to make democratic institutionality prevail in this context, suggesting the use of attitudinal measures as a relevant strategy for strengthening jurisdictional expectations linked to the self-control of judges and the co-involvement of these agents in resolving this institutional dysfunctionality. From a methodological point of view, the research was based on a qualitative approach of bibliographical review with documentary analysis. The conclusions were that, based on the various aspects of the connection between the situation of agent of power - in the administrative field - and the situation of judge of causes- in the jurisdictional field - it is feasible to enhance attitudes and postures tending towards convinced awareness, discernment and predispositions in order to move forward in the challenge of realizing sound decision-making practices.

COMMITTEE MEMBERS:
Externo à Instituição - JOÃO PORTO SILVÉRIO JÚNIOR - PUC MINAS
Externo à Instituição - DENIVAL FRANCISCO DA SILVA - UVI
Presidente - 2250715 - FABIANO HARTMANN PEIXOTO
Interna - 1150035 - FERNANDA DE CARVALHO LAGE
Interna - 1074055 - TALITA TATIANA DIAS RAMPIN