masterThesis
A conduta judicial ética teórica e aplicada contida em princípios e regras deontológicos abrangidos pelo sistema constitucional
Fecha
2016-03-09Registro en:
ARAÚJO, Everton Amaral de. A conduta judicial ética teórica e aplicada contida em princípios e regras deontológicos abrangidos pelo sistema constitucional. 2016. 180f. Dissertação (Mestrado em Direito) - Centro de Ciências Sociais Aplicadas, Universidade Federal do Rio Grande do Norte, Natal, 2016.
Autor
Araújo, Everton Amaral de
Resumen
Research on Legal Deontology dedicated to theoretical and applied ethics on judicial conduct
grounded in legal principles and rules set out in the Constitution of the Federative Republic of
Brazil and the Organic Law of the National Judiciary, also contemplating propositional
instruments covered by the constitutional system, which conveys behavioural paradigms
inserted in the Bangalore Principles of Judicial Conduct, in the Universal Statute of the Judge
and in the Latin-American Code of Judicial Ethics, as well as highlight the influence of those
instruments in the Brazilian Ethical Code of the Magistrates and in the official
complementary training of judges in charge of Judiciary Schools. The study provides the
theoretical influxes of moral norm, passing by behavioural social norm to consolidate the
ideal standards of judicial conduct into legal standards and related instruments. The Legal
Deontology directed to the ethical judicial conduct is confronted with the stereotype that
society expressed in relation to the judge's person, who is the political agent that interprets the
law for making decisions which directly influences the realization of access to justice, that is
constitutionally guaranteed to all. Core values inserted in the constitutional system intended to
discipline the judicial conduct are presented and analysed under a critical view, since they are
enclosed in prescriptive language that conveys behavioural aspects open to interpretation and
which compliance is revealed as a proposition focused on promoting a better solution of
interest’s conflicts under the responsibility of those who constitute the distinctive corporation
of the Judiciary. The theme’s contextualization also focuses on applied ethics, based on the
approach of normative and propositional instruments of deontological content, still focusing
on the study of real cases examined by the Brazilian National Council of Justice, as part of its
correctional goals.