Revista Videre (Aug 2020)

Through the civil responsibility prism jurisprudence unveils the judicial power in capitalism

  • Carlos Augusto de Oliveira Diniz,
  • Rogério Nogueira Guimarães,
  • Estefânia Naiara da Silva Lino

DOI
https://doi.org/10.30612/videre.v12i23.11141
Journal volume & issue
Vol. 12, no. 23
pp. 111 – 132

Abstract

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The object of this researching work is to seek the deep understanding of how the Judicial Power works in a mass capitalist society. The hypothesis raised by this investigation is that in Brazil the Judicial Power is acting inside a logic which facilitates and enables the reasoning of the economic analysis of law. The general goal is to promote an investigative approach around the Judicial Power in the capitalist system. The specific objective on the other hand, is to ascertain if there is any interference of the current economic system in the performance of the Judicial Power and which would be the effects in the case of the economic interference is confirmed. We opted by the inductive method, and therefore, starting from the specific to the construction of a thought which can be general, in other words analyzing case law fraction to understand how the Judicial Power operates in an extensive way. As the methodology, we used the bibliographic review based on the thought of Alysson Leandro Mascaro.

Keywords