As representações sociais de Direitos Humanos na magistratura tocantinense

Abstract

Identify the social representations of human rights in the Tocantins judiciary and understanding how they impact on the concretization of human rights through the act of judging is a great challenge. It means to say that the subject of this process is the magistrate and therefore, from it, investigate how he is formed and how he places himself in that place of power when judging the demands that are presented to him in the light of human rights. Therefore, from it is necessary to understand the judicial decision far beyond legal dogmatics and to identify, from its speeches - said and unspoken -, which representations it has of human rights, in order to analyze whether, according to these representations, it is possible to ensure the realization of human rights and to what extent. In order to address this mission, without intending to exhaust the topic, the egal background of the judge, the act of judge and human rights are discussed. It is an empirical research, carried out thorough interviews, using the analysis of discourse as a research method, through which human rights representations for the Tocantins magistracy were extracted. There was a need for a paradigmatic and epistemological change in the formation of the judge as a way to enable a critical act in the face of popular common sense and the theoretical common sense of jurists. Critical training would provide subsidies to overcome the condition of conformation that today is based on Tocantins' magistracy in the light of macroeconomic a political systems, especially neoliberalism, the discourse of competence sense as it ultimately represents denial of human rights that serve the discourse more than its pratical realization.