domingo, 13 de dezembro de 2009

The use of the power to judge - a social responsability

In pursuit of its objectives, driven by power that is granted, the judge must apply the rule and take into account the evolution of society. Modernity requires an improvement of the Judge in all aspects of their training, be it legal, is the interaction with the new social parameters. The evolution of the Magistrate is, therefore, a need for the proper performance of its mission.
Given the new social reality, the judge must bear in mind that the power granted him by the state is a limited power, or power conferred on it only to promote social peace. In the exercise of jurisdiction, the judge must make use of knowledge in society, for, in applying the law to achieve the goals of the state.
The power of the judge to decide a conflict does not end in the law. It should capture the essence of social behavior, because the principles contained in the laws should find support and approval in the consciousness of the people, the sum of individual consciousness
This social behavior that the judge stress based on the interpretation of the law needs to be evaluated from the principles and guarantees laid down in the constitution, expressing the will of a dominant society.