CIVIL PROCEDURE TECHNIQUE AND (DE)LIMITATIONS OF THE POWERS OF THE JUDGES: CONTRIBUTIONS FROM A HERMENEUTICAL READING OF THE CIVIL PROCEDURAL LAW
THIS essay, under a hermeneutic-phenomenological “method”, will reflect upon the tradition of the disposition principle (legal principle which states that the judge cannot produce evidence ex officio), aiming to unveil that said principle was originally developed with the intent of limiting judic...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Universidade do Estado do Rio de Janeiro
2018-04-01
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| Series: | Revista Eletrônica de Direito Processual |
| Subjects: | |
| Online Access: | http://www.e-publicacoes.uerj.br/index.php/redp/article/view/30717/23723 |
| _version_ | 1818270203866251264 |
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| author | Igor Raatz William Galle Dietrich |
| author_facet | Igor Raatz William Galle Dietrich |
| author_sort | Igor Raatz |
| collection | DOAJ |
| description | THIS essay, under a hermeneutic-phenomenological “method”, will reflect
upon the tradition of the disposition principle (legal principle which states that the judge
cannot produce evidence ex officio), aiming to unveil that said principle was originally
developed with the intent of limiting judicial discretion, and not to admit ex officio judicial
acts. From that, and with the established premise that there actually is a space on the
“procedural technique” for ex officio acts, this work seeks to demonstrate that the limited
apophantic-dogmatic analyses of the (de)limitations of the power of the judges end up by
supporting an excessive and antidemocratic space of discretion for the judging institution. |
| first_indexed | 2024-12-12T21:06:33Z |
| format | Article |
| id | doaj.art-d38375467a9f434d9c868ebb0feefd3c |
| institution | Directory Open Access Journal |
| issn | 1982-7636 1982-7636 |
| language | English |
| last_indexed | 2024-12-12T21:06:33Z |
| publishDate | 2018-04-01 |
| publisher | Universidade do Estado do Rio de Janeiro |
| record_format | Article |
| series | Revista Eletrônica de Direito Processual |
| spelling | doaj.art-d38375467a9f434d9c868ebb0feefd3c2022-12-22T00:11:59ZengUniversidade do Estado do Rio de JaneiroRevista Eletrônica de Direito Processual1982-76361982-76362018-04-0119114517410.12957/redp.2018.30717CIVIL PROCEDURE TECHNIQUE AND (DE)LIMITATIONS OF THE POWERS OF THE JUDGES: CONTRIBUTIONS FROM A HERMENEUTICAL READING OF THE CIVIL PROCEDURAL LAWIgor Raatz0William Galle Dietrich1Universidade FEEVALE – Novo Hamburgo (RS)Universidade do Vale do Rio dos Sinos – UNISINOSTHIS essay, under a hermeneutic-phenomenological “method”, will reflect upon the tradition of the disposition principle (legal principle which states that the judge cannot produce evidence ex officio), aiming to unveil that said principle was originally developed with the intent of limiting judicial discretion, and not to admit ex officio judicial acts. From that, and with the established premise that there actually is a space on the “procedural technique” for ex officio acts, this work seeks to demonstrate that the limited apophantic-dogmatic analyses of the (de)limitations of the power of the judges end up by supporting an excessive and antidemocratic space of discretion for the judging institution.http://www.e-publicacoes.uerj.br/index.php/redp/article/view/30717/23723Disposition principleprocedural techniqueprocedural dogmaticHermeneutical Critique of Lawjudicial discretion. |
| spellingShingle | Igor Raatz William Galle Dietrich CIVIL PROCEDURE TECHNIQUE AND (DE)LIMITATIONS OF THE POWERS OF THE JUDGES: CONTRIBUTIONS FROM A HERMENEUTICAL READING OF THE CIVIL PROCEDURAL LAW Revista Eletrônica de Direito Processual Disposition principle procedural technique procedural dogmatic Hermeneutical Critique of Law judicial discretion. |
| title | CIVIL PROCEDURE TECHNIQUE AND (DE)LIMITATIONS OF THE POWERS OF THE JUDGES: CONTRIBUTIONS FROM A HERMENEUTICAL READING OF THE CIVIL PROCEDURAL LAW |
| title_full | CIVIL PROCEDURE TECHNIQUE AND (DE)LIMITATIONS OF THE POWERS OF THE JUDGES: CONTRIBUTIONS FROM A HERMENEUTICAL READING OF THE CIVIL PROCEDURAL LAW |
| title_fullStr | CIVIL PROCEDURE TECHNIQUE AND (DE)LIMITATIONS OF THE POWERS OF THE JUDGES: CONTRIBUTIONS FROM A HERMENEUTICAL READING OF THE CIVIL PROCEDURAL LAW |
| title_full_unstemmed | CIVIL PROCEDURE TECHNIQUE AND (DE)LIMITATIONS OF THE POWERS OF THE JUDGES: CONTRIBUTIONS FROM A HERMENEUTICAL READING OF THE CIVIL PROCEDURAL LAW |
| title_short | CIVIL PROCEDURE TECHNIQUE AND (DE)LIMITATIONS OF THE POWERS OF THE JUDGES: CONTRIBUTIONS FROM A HERMENEUTICAL READING OF THE CIVIL PROCEDURAL LAW |
| title_sort | civil procedure technique and de limitations of the powers of the judges contributions from a hermeneutical reading of the civil procedural law |
| topic | Disposition principle procedural technique procedural dogmatic Hermeneutical Critique of Law judicial discretion. |
| url | http://www.e-publicacoes.uerj.br/index.php/redp/article/view/30717/23723 |
| work_keys_str_mv | AT igorraatz civilproceduretechniqueanddelimitationsofthepowersofthejudgescontributionsfromahermeneuticalreadingofthecivilprocedurallaw AT williamgalledietrich civilproceduretechniqueanddelimitationsofthepowersofthejudgescontributionsfromahermeneuticalreadingofthecivilprocedurallaw |