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.

The inefficacy of the justice access

The inefficacy of the justice access for the people under its jurisdiction, the bad performance of the Judges and the long period of time for the solutions as the preponderant factor for the denial of justice. The Judge’s responsibility before the challenge of pacifying the conflicts born with the so called new rights culminated in the Judge’s social compromise in the searchfor necessary solutions for the improvement of the judicial protection.

The Judge is facing an extremely difficult situation

Currently, the Judge is facing an extremely difficult situation, given the progress of social rights and the reality of the country goes through a tumultuous time in the economic development, since the world is dominated by the economic power, by the called “globalization” of the economy, through 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 new world order gives the growth of social conflicts and overloads the Judiciary. It appears in fact an obvious mismatch between people's needs and what the Government can provide it. The development, unaccompanied by policies due to new demands of the society, gives place to a growing dissatisfaction with the public services, which leads the people to predation, to criticism, to strike. Nothing works and everything is malfunctioning. There is distrust of the public employees. The challenge, therefore, becomes the highest law enforcer in front of the case and the interpretation of its text.

An ethical behavior is required for a Judge

An ethical behavior is required for a Judge, subject to an act of professional conduct, that "[...] Álvaro Lazzarini conceptualized as “a set of rules of conduct of judges, necessary for the full ethical performance of their professional activity in order to ensure not only its good name and reputation, as well as the institution he serves, his mission in the State to distribute justice in achieving the common good. "

The judiciary cannot ignore the reality

The judiciary cannot ignore the reality because it has the duty to monitor the growth and social development in order to implement the restructuring and dynamism in the implementation serving the citizens. There is need, therefore, that the Judge, who is also a citizen of the society, can find ways how to manage these difficulties and to apply the law to each case. The Judge, as manager of the judicial function, (one of the state duty to play its role in providing judicial protection) shall seek the recognition of a right. Although there may be obstacles, imposed by law or by the bureaucratic structure of the judiciary, the judge shall avail itself the social values to perform its function.

Demystify the discredit of Justice

Currently, the evidence shows a clear disruption between people's needs and what the Government can offer her. Nothing works, or works poorly. Is the public man discrediting.
Demystify this to discredit Justice should be the challenge of new thinking to be cultivated by the judge in the effectiveness of judicial protection, as a true commitment to providing access to justice to all members of society.

The Judge is the manager of the judicial function

The judge should make use of all acquired knowledge not only in the legal field, but also those acquired throughout his life in order to provide more consistent under jurisdiction the decision, and especially its effectiveness.
The judiciary cannot ignore reality because it has a duty to monitor the growth and social development in order to implement the restructuring and dynamism in the implementation of service to the population. There is need, therefore, that the Judge, who is also a citizen of the society, can find ways to manage these difficulties and to apply the law to this case.
The Judge is the manager of the judicial function of the state duty to play its role in providing judicial protection to those seeking the recognition of a right. Although there may be obstacles, imposed by law or by the bureaucratic structure of the judiciary, the judge should avail themselves of their social values to perform its function.

The Court of Justice values

All laws need to be interpreted, and ambiguities and uncertainties are inevitable. There are two ways of dealing with this. The first is to try to specify every detail. The second is to emphasize the purposes of legislation and the principles underlying it as a guide to interpretation by the individuals who are expected to follow it and the judges who maybe called on to adjudicate it. Modern practice is increasingly emphasizing the latter while never eschewing the former.
The proposed search for justifications of Court of Justice provides values that can inform the principles of the laws that govern those institutions. Such values provide the key to synchronizing them with ethical standard setting and institutional reform. To do this, the principles underlying new and existing legislation should be clearly stated and the text of the legislation considered to ensure that it is consistent with those principles.
The independence of a Judge has necessarily to emerge from the Constitution. And then, the old question again – Who watch the guardians - interpreters of the law?

Judges perform a critical role in integrity systems. However, the reasons for the appointment of one judge over another are rarely public and sonetimes partisan. There are four safeguards against 'stacking'. The first is the possibility of appeal and reversal against decisions made -always a potential embarrassment as well as defeating the purpose of 'stacking'. This safeguard is, of course, non-existent in ultimate appellate courts. The second safeguard is the tenure of judges. Even here there can be problems where judges can be 'promoted' to another court. The third is that judges are joining a collegial institution where the opinion of their fellow judges is important to them. This works very well where judges have been appointed by different governments with different preferences and, especially, where they have appointed individuals with strong independent views. However, where a government holds power for a long time, stacking becomes a real possibility and the abovementioned safeguards are neutered. The fourth safeguard is that their decisions and reasons given are public. While few members of the general public read them, barristers do and judges are generally very keen to be thought to have integrity and ability by those who appear before them. This may seem ironic given the formally obsequious way in which barristers address the bench in many jurisdictions. However, in spite of this, or perhaps because of it, they appear very keen on the respect of their former peers.

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.