THE JURISDICTIONAL POWERS OF THE JUDGE

• DOI: 10.22533/at.ed.2163242312091

• Palavras-chave: Constitutional Foundations; Jurisdictional Powers; Democratic state.

• Keywords: Constitutional Foundations; Jurisdictional Powers; Democratic state.

• Abstract:

  The Jurisdictional Powers of the Judge, presents a sociological perspective on the Judge, showing how Society and the content of the legal culture condition the Judge in the service of the idea of Justice. Jurisdiction, conceived as a political-legal power of the State, legitimized through the Principle and guarantee of Due Process of Law and through the development of the Adversary Principle. The Process, as an ethical instrument, capable of consolidating Democracy and transforming the existing means of Access to Justice into effective means for those lacking socioeconomic and cultural conditions. The concept and constitutional foundations of the Jurisdictional Powers of the Judge, gravitating around the Law, from which the Judge derives his power-duty linked to the evidentiary initiative and his competence to judge. It delineates the connection between the constitutional foundations and the jurisdictional powers of the judge, especially within the scope of the Democratic State of Law. The central focus is the appreciation of individual and collective rights and the search for a more accessible and equitable justice. The research historically traces the emergence of the post-World War II Democratic State of Law and examines in detail the Brazilian Constitution of 1988, along with its fundamental rights and guarantees. Incorporating doctrinal views and analyzing basic principles, the study also examines the axiological dimension of enshrined rights and evaluates infraconstitutional laws in their relationship with the Constitution. In its conclusion, the role of the judge, as a promoter of a fair process and facilitator of access to justice, is emphasized.