Banca de QUALIFICAÇÃO: Sival Guerra Pires

Uma banca de QUALIFICAÇÃO de DOUTORADO foi cadastrada pelo programa.
STUDENT : Sival Guerra Pires
DATE: 12/12/2022
TIME: 10:00
LOCAL: https://teams.microsoft.com/l/meetup-join/19%3ameeting_YjMyM2E2MGUtNDZiNC00ZmU0LThhNDYtMjJjNzY1N2M3M
TITLE:

THE JUDGE, THE DEMOCRATIC JURISDICTIONAL INSTITUTION AND THE INNER DECISION-MAKING PROCESS: THE JUDICIAL EXPECTATIONS BEYOND A JUSTIFIED LEGAL RESPONSE AS A 'DUE' DECISION-MAKING SOLUTION.

KEY WORDS:

JUDGE, DEMOCRATIC JURISDICTIONAL INSTITUTION INNER DECISION-MAKING PROCESS. INSTITUCIONAL JURISDICTIONAL EXPECTATIONS. JURISDICIONAL RATIONALITY. INSTITUCIONAL JUSTICE.

PAGES: 75
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The thesis, in view of recurrent complaints, especially in the legal community, of mismatches regarding the way in which jurisdiction is practiced, aims to investigate what is “expected from the judge” in decision-making process, avoiding commonplaces regarding the matter.

From the methodological point of view, it aims to develop a rigorous critical reflection on institutional jurisdictional expectations, in a framework in which it is assumed that it only makes sense to talk about what judges can and should do in the decision-making process whether we assume their insertion in the context of institutions and fidelity to the authentic meaning of this concept in a ‘democratic state of law’, as a form of organization of coexistence that comply with conventions, minimum consensus and pretensions of reciprocity.

Thus, composing the Brazilian context of jurisdictional institutions, jurisdictional activity, access to jurisdiction (modality of access to justice) through judgments by human beings and attribution of a judicial role to perform according to assumptions, foundations and scopes of the state jurisdictional structure, the result of this framework is the establishment of a judgmental rationality guided by a pluridimensional (legal and extra-legal) normativity. In such a condition, as an individual who, through a reflective way, embodies the institution, the sphere of judges’ ‘power-duty’ is restricted to a rationality guided by critical-reflexive injunctions guided by generally shared convictions regarding the observance of both the self-restraint of the subjectivity and engagement in the so-called ‘institutionality’, adopting certain ways of proceeding instead of other ones.

In this sense, given the institutionalization of the judge's duty to do justice, the hypothesis is that, given the nuances that involve this jurisdictional rationality in the context of institutions, what is authentically required in the decision-making behavior, under penalty of performative contradictions, is not restricted to be fair in the moral sense, nor in the legal sense, but to do institutional justice, as a comprehensive consequence of those who think on behalf of and in the service of ‘institutionality’, and must apply the “game rules”, as a way of substantially guaranteeing “the right to have rights” in the judicial practice.

 This approach aims to develop, based on theoretical foundations about jurisdictional institutions and their dynamics, a kind of critical diagnosis about the factual-historical and current reality regarding what happens in the decision-making process and in the sensitive inner layer of the so-called ‘due legal process’, as way of obtaining, mainly by appropriating notions pertaining to institutional entities, consistently justified findings about the promises inherent to the organization of judicial activity, to the ways in which judges decide and must decide cases, and to the content of the due result of the judicial practices aimed at purposes of a paradigmatic jurisdiction. The challenge of the thesis also involves investigations into the conditions of possibilities for appropriate conducts, as well as identifying practices that frustrate or confirm the intrinsic expectations of an institutional justice.

BANKING MEMBERS:
Externo à Instituição - DENIVAL FRANCISCO DA SILVA - UVI
Interno - 2250715 - FABIANO HARTMANN PEIXOTO
Interna - 1150035 - FERNANDA DE CARVALHO LAGE
Interna - 1074055 - TALITA TATIANA DIAS RAMPIN