Liberdade e decisÃo judicial : a autoridade da vontade como instrumento legitimador das razÃes jurÃdicas

AUTOR(ES)
DATA DE PUBLICAÇÃO

2005

RESUMO

This dissertation has as background the crisis in the state-owned company functions, especially the crisis of credibility which the Brazilian Judiciary Power has been going through due to the growth of the alternative means adopted to solve conflicts such as the pluralism of jurisdiction, mediation and arbitration. The decisions which come from the judiciary power have been presented as strategies to maintain the power assuring the personal conviction of whom judges. The law â not the one idealized by dogmatic schools â has lost its theoretic reference happening casuistically through sentences which are judged instinctively by the excuse of a justice or moral guided by the subjectivism. As a result the official discourse finds non-dogmatic elements which leads to the decision taking, much even so the judge presents an ornate homily which comes from usage of rhetoric, hiding the premises where it came from. The criticism made about the formalism is due to the characteristic which it owns of getting through invented formulas to hide the vicissitudes of a decision. Using a technique known as the discourse analysis, the dissertation alters deeply the Federal Supreme Court which denied requests of federal intervention because of an incompliance of judicial order. It has been verified countless rhetorical stratagem which are used to manipulate the judicial reasons and the argumentative exercise, creating the illusion of certainty within an atmosphere of insecurity and uncertainty

ASSUNTO(S)

will discurso judicial authority crisis judicial discourse direito crise de autoridade vontade

ACESSO AO ARTIGO

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