Social Justice

In addition, all decision will be subjects to the public and critical evaluation, in special, of the looser in the process. To judge, thus, demands qualities that involve the use of the reason and the law, searching to adapt them it the particular case and the social justice of the litigious object. To apply the knowledge of the law to the case concrete, despite dificultoso, not exaure the necessities of a good decision. It is demanded in the judgment of deals, not only the direct and simple application of the norm before the petitioned ftico case, but that the sentence obtains to ahead justify its position of the particular situation of the petitioner, who for its especificidades, it produces a distinct sentence of any another one. Important to point out, that the reason in the judgment, does not have to be directed for what the law says in its literalidade, in order to base a decision; more than what this, the abstract norm must be used as instrument of reach the best solution to the demand. For this, the reason, by itself, does not serve as decision, or justification for this, in case that it is abandoned of the context of the object of the action. Of this, it is extracted that justice, is only reached, in the sentence, when analyzed in its diverse elements, as: the norm, the fact, the social end; all these justified in common-sense, which considered in set, aims at a solution joust.

This is the paper of the judge, to give to the parts not what the law says, but what the law can say before definitive case concrete. By what he was said, the judge must look for to adjust the letter of the law to the social yearnings, that is, which the way more adjusted to treat the event, as well as in accordance with the current conjuncture social and demanded by the population and the State. From there the necessity that the judge always looks for as last end the social welfare, since the person is the reason to exist of state and of the society, and the proper law. For, in such a way indispensable carrying through a balance judgment the legal goods of bigger degree enter to protect. Therefore, the function to judge is not simple task, demands for a decision joust, the balance and analysis of diverse elements, since deeds of division until materials. Such circumstance could not be different, has seen the complexity of situations that must be justified in a decision. Thus being, more adjusted it will be the judgment that it looks to harmonize and to valorar the goods and situations, as demands the social context in the present time.

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