Revista de Teorias da Justiça, da Decisão e da Argumentação Jurídica (Dec 2016)

The Social Responsability of the Magistrate and the Proteccion of Democracy

  • José Renato Gaziero Cella,
  • Gustavo Wentz

DOI
https://doi.org/10.26668/IndexLawJournals/2525-9644/2016.v2i2.1697
Journal volume & issue
Vol. 2, no. 2
pp. 117 – 132

Abstract

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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.

Keywords