Revista de Teorias da Justiça, da Decisão e da Argumentação Jurídica (Dec 2016)
The Social Responsability of the Magistrate and the Proteccion of Democracy
Abstract
One of the most effective ways to limit it is the social control of the acts of judges, which have a great social responsibility to decide. There is no doubt that society is most interested in structuring an effective judiciary and independent ideals. Thus, the magistrate should be seen as a promotional agent of democracy. For these reasons, this article, through the hypothetical-deductive method, it brings the hypothesis the possibility of the magistrate's civil liability whose decision has exceeded reasonable limits the application of the law.
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