A projeção do self do magistrado na decisão judicial e o controle de racionalidade a partir dos deveres de fundamentação

Abstract

This final paper seeks to address the issue of justification of judicial decisions, with special attention to the grounding duties expressed by the Civil Procedure Code of 2015, which aims at trying to prevent certain practices perpetrated by the Brazilian legal community. Whilst establishing what will not be considered a justified decision, this new law attempts to condense the interpreters’ activity as a form of rational control on verdicts. The first part of the study situates historically the role of the interpreter, talking briefly about the models of interpretation that were developed over time, sometimes reducing the role of the interpreter, sometimes expanding it. Then, it is analyzed the formation and performance of the Brazilian jurist, indicating the profile of judges and how judgments are made in the forensic practice. The research is at its core, however, in the second part, which takes care of analyzing the magistrate as an individual. Anchored in Charles Taylor's theory on selfsources, it intends to verify how the elements that make up the background of the individual works as a guiding sense of what is important or valuable, from which emerges their insights on how to act, feel and react at different times. It elaborates on the difficulty of separating the interprets’ interiority of his daily activity as judge, demonstrating that the only way to avoid a deep legal relativism, where the decision is merged with a personal choice of the judge, is through argumentative reasoning, as long as clearly assumed the magistrates’ methodological options. It is also analyzed the impacts of the expansion of interpreter's activity in Brazilian society, especially with regards to judicial activism, in an increasingly closer relationship between Law and Politics.