quarta-feira, 1 de julho de 2009

The judge social responsibility

Currently, the Judges are facing an extremely difficult situation, given the advances of social rights and the reality of the countries It crosses was a troubled era of economic development since the world is dominated by economic power, the call globalization of the economy, by which rich countries dictate the rules of the market and put the least developed countries in difficulty to provide the social development of its population.
The Judge, as peacemaker, or even an administrator, social unrest, has the function to seek social peace by means of its decisions. In interpreting the law, the judge must find evidence that may bring the application of the law of the state courts, not hurting, however, the fundamental principles of the Constitution.

To speak in moral applications of the law, necessarily has to set parameters that relate to ethics and morality of Judges. The theories on ethics put justice at the heart of the system and conclude that life is the ethical practice of justice in human community. Ethics must follow the average standard of morality in society. The Judge, to act socially committed, should, above all, have an ethical stance, in that sense, means a whole host, or a care that leads to changes in the way of experiencing the world.
In the comparison between ethics and law, one can establish that the law and ethics governing the relations of men by means of rules, the law and ethics meet a social need and change when changing the content of their social function, and move with the time. Like the moral of a season or a society depends to another, the law also varies. The moral behavior is part of our daily life. Him, the Magistrate can not distance itself under threat of compromising the credibility of the entire judicial system.