Diante do princípio do livre convencimento motivado, como compreender o papel do advogado no neoconstitucionalismo brasileiro?

Abstract

By contrasting the being and the ought-to-be, in the clash of evaluation with description and in the conflict of reality with the Constitution, the present work attempts to shed light on the role of the lawyer. An attempt which is made with a critical and skeptical eye on the way Law is currently constructed. It is through the lenses of this alarmist pessimism that we try to make it understood that the current philosophical tendency incorporated into the Brazilian Judiciary and the phenomenon of the judge's egocentric self-contemplation are phenomena that severely depreciate the work of lawyers, delegating it to an auxiliary and illustrative role. The problem of justice is a problem of an entire society. Thus, if the Judicial System ought to serve the people, advocacy represents nothing more than a democratic possibility in a state power where the members are not elected. The collective participation in the construction of law by means of advocacy might not bring forth perfect justice. Currently, the only hope is that it will bring less injustice.