O Juiz, o princípio dispositivo e a justiça

AUTOR(ES)
DATA DE PUBLICAÇÃO

2001

RESUMO

Based on philosophic concepts of justice, pursued by the Law, this paper aims to outline the existing profile of the principIe ruling, inherent to the parties in a legal process, whose new configuration- not on1y apparent in Brazil - of strengthening the powers of the judges, above aall instructors, unequivocally, is committed to publicizing the process and socializing law, for purposes of searching for the real truth behind the facts being legally analyzed,with the consequent practical realization of what is called justice in its concrete form, aimed to achieve social pacification, and as a result, putting an end to disputes - conflicts of interest - inherent in society. In fact, the legal process is not - or should not be seen as a "thing between parties"; rather, it is part of the Brazilian legal system, which aims to guarantee effective power of justice, by means of an efficient process dependent on the ideal of a fair law, which distinguishes itself, positively, with the discovery and recognition of where the law really is, the only method to calm the spirit which, suffering from an injurious act, aims to restare it to its exact measure, awarding the Judiciary Power with the prestige of its confidence. For such, the responsibility of the Magistrate - the State Representative m the expression of Law - is to administer the process, effectively administering justice, by means of safe material management of such, transcending its merely formal management

ASSUNTO(S)

juiz jurisdicao direito processo principio dispositivo processo civil -- brasil

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