I decide this way because society thinks this way: the symbiotic relationship established between social appeal, mediatization of cases, and discretionary decision-making in Law
The present work seeks to investigate, within the major theme of the theory of judicial decisions, the development of the relationship between social outcry, mediatized cases, and the making of discretionary decisions in law. To this end, the essay is divided into two large sections. It begins by un...
| Autores: | , |
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2024 |
| País: | Brasil |
| Institución: | Universidade de Fortaleza (UNIFOR) |
| Repositorio: | Pensar (Fortaleza. Online) |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs.ojs.unifor.br:article/13869 |
| Acceso en línea: | https://ojs.unifor.br/rpen/article/view/13869 |
| Access Level: | acceso abierto |
| Palabra clave: | clamor social decisões judiciais discricionariedade judicial midiatização de casos judicial decisions judicial discretion mediatization of cases social clamor decisiones judiciales discrecionalidad judicial mediatización de casos |
| Sumario: | The present work seeks to investigate, within the major theme of the theory of judicial decisions, the development of the relationship between social outcry, mediatized cases, and the making of discretionary decisions in law. To this end, the essay is divided into two large sections. It begins by understanding the appeal of the media as a portrayal of the popular will, acting as a guiding thread that transfers the tension from the right to discretionary judicial decisions. The second chapter, in turn, studies how media-popular influences determine decisions based on subjectivity and, thus, strengthen the entrenchment of the paradigm of the philosophy of conscience in law. Based on this, the question arises: to what extent can social appeal and the mediatization of cases, as allies, appear as protagonists in triggering discretionary judicial responses? To solve the research problem, the phenomenological-hermeneutic approach is used. At the end of the study, it is possible to conclude that the social appeal and the mediatization of cases, while allies, can appear as protagonists in triggering discretionary judicial responses as both phenomena act symbiotically in the possibility of producing subjectivity in the decision-making context, in greatly fed by the paradigm of the philosophy of consciousness in the process. |
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