sexta-feira, 4 de novembro de 2011

The limitation of the jurisdictional power of the judge

Faced with the new social reality, the judge should keep in mind that the power granted to him by the state is a limited power, a power that is conferred only to promote social peace. In the exercise of jurisdiction, the judge must draw on the knowledge acquired in social life, for, in applying the law to achieve the goals of the state.

The power of the judge to decide conflicts is not exhausted in the law. It should capture the essence of social behavior, because the principles included in the laws should find support and approval of popular consciousness, the sum of individual consciences.

This social behavior that the judge should take based on the interpretation of the law needs to be evaluated from the principles and guarantees laid down in the Constitution, the predominant expression of the will of a society.

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