Revista de Política Judiciária, Gestão e Administração da Justiça (Feb 2017)

The Pedagogical Performance Of The Judge In The Search For A Fair Trial And An Adequate Provision: Judicial Role

  • Elaine Harzheim Macedo,
  • Marina Damasceno

DOI
https://doi.org/10.26668/IndexLawJournals/2525-9822/2016.v2i2.1543
Journal volume & issue
Vol. 2, no. 2
pp. 153 – 170

Abstract

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This work analyzes the possibility of pedagogical performance of the judge in the search for a fair trial and adequate process. Using deductive methodology, starts with the duties and powers of the judge to assess the possibility of inducing practices based on the good faith by applying bad faith litigation and determination of initial amendment. The judge can be an agent that helps in the implementation of fair trial and adequate provision and should not remain inert in relation to clear violations of fundamental procedural rights. This activity should not generalise situations, being based on the analysis of specific cases.

Keywords