Abstract

GUERRA, ANDRÉ  and  GUARESCHI, PEDRINHO. Investigaciones sobre una magistratura disidente: ¿es posible otro poder judicial?. Rev. psicol. polít. [online]. 2023, vol.23, n.57, pp.392-411.  Epub June 07, 2024. ISSN 2175-1390.

The article presents part of the results of a qualitative research that sought to understand, based on Serge Moscovici’s Theory of Active Minorities, how critical judges in relation to the Judiciary and the magistracy assess the possibility of innovation in legal practices. Fifteen interviews were carried out using semi-directed episodic technique. An argumentative analysis of the statements was carried out and their interpretation was subsequently carried out based on the depth hermeneutics framework. Three ways in which dissident magistrates relate to innovative potential were identified: impotence, individual potency and collective potency. The predominance of the affect of impotence was noted, as well as the centrality of individual actions. This resulted in the partial confirmation of our working hypothesis that there would be movements within the magistracy that could be equated to active minorities according to the definition given by Moscovici.

Keywords : magistracy; judicial power; active minorities; innovation; dissent.

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