The judge in the mirror: self-legitimacy of criminal trial judges in Federal District
legitimacy; self-legitimacy; Criminal Justice System; Judicial Power; criminal trial courts; Federal District
This Thesis analyzes and discusses the construction of legitimacy by trial court criminal judges in the Federal District (DF), Brazil. Based on the contributions of procedural justice theory, the research aimed to identify and describe how this legitimacy is constructed and perceived by judges who work in criminal trial courts in the Federal District. To this end, five categories of analysis are proposed: legal technique, professional relationships, social expectations and images of judge and justice, adherence to organizational values and effectiveness of jurisdictional provision, which were initially associated, in our hypothesis, with self-legitimacy. 10 in-depth interviews were carried out with head and substitute judges working in different courts with competence in criminal law in the Federal District. The discourse analysis points to technique and quality of professional relationships as consistent descriptors of self-legitimacy by the interviewees, while attention to general social expectations, adherence to organizational values and perception of effectiveness serve in a limited way for describing judges’ self-legitimacy. The limits of these last three categories are shown to be related to the counter-majoritarian role of Judicial power, the lack of understanding of organizational values, and to the prevalence of structuring factors, such as the cultivation of a punitive value underlying the exercise of criminal jurisdiction and an immediate view of criminal decisions’ effects handed down on criminal trial courts.