A crise do estado e a crise da jurisdição: (in)eficiência face à conflituosidade social
The Judiciary lies in the center of the main debates in the last decade. Such debates point to its crisis, wich arise the need of physical, personal and mainly political structural character reforms. The crisis intensifies whe observing the raise of the “private” character instances in the treatment...
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2011
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5120226 |
| Source: | Revista Brasileira de Direito, ISSN 2238-0604, Vol. 7, Nº. 1, 2011 (Ejemplar dedicado a: Revista Brasileira de Direito), pags. 7-38 |
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| Summary: |
The Judiciary lies in the center of the main debates in the
last decade. Such debates point to its crisis, wich arise the need of
physical, personal and mainly political structural character reforms.
The crisis intensifies whe observing the raise of the “private” character
instances in the treatment of social conflicts and alongside,
the lost of space in judicial/state acting as a mediator, what becomes
a risk to democracy. The encouragement of these private instances
happens mainly becouse of the growing social complexity, pointed
by new roles developed that reflect, on the other hand, is shaping of
new and unusual realtions, wich the main consequence is the multiplication
of power centers. At this moment it is possible to see the
retraction and the mismatch between functional jurisdiction of the
State and its current conflictuous complexity. Emerged as a way to
guarantee harmonic and pacific coexistence among the individuals
members of the social groups, the jurisdiction (while state monopoly
of law application) appears and provide itself of coercion power.
This fact deviates/should deviate, progressivly, private justice, considered
as a guarantee of personal right execution. |
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