Abstract

GUERRA, André  and  GUARESCHI, Pedrinho Arcides. The meanings of justice: existential aspects constituting a dissident bench. Rev. abordagem gestalt. [online]. 2022, vol.28, n.1, pp. 14-27. ISSN 1809-6867.  http://dx.doi.org/10.18065/2022v28n1.2.

The article discusses the contributions of the socio-psychological and the phenomenological-existencial approaches to the legal phenomenon, presenting part of the results of a survey carried out with fifteen "dissident" Judges, in which it is sought understand the existential and psychosocial conditions that, on the one hand, enable the presence of such minority agents in the Judiciary and, on the other hand, help understanding why such positions remain minority. Through argumentative analysis and depth hermeneutics framework several axes of meanng were found, among which are exposed here the findings regarding the role that the dimension of meaning itself, as well as the experience of adverse life trajectories play in the materialization and configuration of legal practices - an essentially hermeneutic practice. Understanding the conditions of existential possibility of contemporary legal hermeneutics becomes a fundamental theme, especially for Brazilian society, since its socio-historical specificities demarcate the coexistence of radically distinct ontologies, epistemologies and worldviews that participate in ethical-political conflicts related to the meanings of justice within the Judiciary and the Bench.

Keywords : Magistratura; Poder Judicial; Sentidos de la Justicia; Afecto; Disidencia.

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