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...

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Detalles Bibliográficos
Autores: Isaia, Cristiano Becker, Obaldia, Bruna Andrade
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
Descripción
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.