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Revista Interdisciplinar de Direito
Article . 2020 . Peer-reviewed
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Revista Interdisciplinar de Direito
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“A Minha Verdade é a Minha Justiça”: atualizando os significados atribuídos ao princípio da imparcialidade judicial

Authors: Bárbara Gomes Lupetti Baptista;

“A Minha Verdade é a Minha Justiça”: atualizando os significados atribuídos ao princípio da imparcialidade judicial

Abstract

This paper is the outcome of a research inside Rio de Janeiro’s State Court. The methodology consists in a dialogue I intended to do between law, which I studied under graduation, and anthropology, that I was introduced to, when I was under my post graduation studies. The research allows understanding that the principle of judicial 76impartiality consists in a belief, discursively constructed inside the judicial field, and it works as a structuring category inside the judiciary. However, the discursive belief strikes against the empirical reality, as the fieldwork data shows. Judge’s subjective aspects directly interfere during the decision making. It suggests that judge’s morality and sense of justice interfere during the process and often in its result. Between the paradox of “seeming impartial” and the fact of “being humans” the judges describe their dilemmas and the challenges they experience when they try “not to contaminate” their essential impartiality.

Keywords

truth, princípio da imparcialidade, K1-7720, justice, Political science (General), antropologia, Law in general. Comparative and uniform law. Jurisprudence, justiça, principle of judicial impartiality, verdade, anthropology, law, JA1-92, Direito

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citations
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
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