Banca de QUALIFICAÇÃO: JÉSSICA MARIA SILVA DE MENEZES

Uma banca de QUALIFICAÇÃO de DOUTORADO foi cadastrada pelo programa.
STUDENT : JÉSSICA MARIA SILVA DE MENEZES
DATE: 28/02/2025
TIME: 14:30
LOCAL: UFRPE
TITLE:

"This is your job, this is your excellence": Moral aspects that marked the requirements and conditions of the profile of judges in the Early Modern

KEY WORDS:

Keywords: History of justice. Profile of judges. Public offices. Justice of judges.
Religion.

PAGES: 130
BIG AREA: Ciências Humanas
AREA: História
SUBÁREA: História do Brasil
SPECIALTY: História do Brasil Colônia
SUMMARY:

This research work investigates the profile of judges in the first Iberian modernity,
analyzing the requirements, conditions and values that shaped its performance in the
legal, political and cultural of that time. The history of legal thoughts was intrinsically
linked to essencial values of society, reflecting an close relationship between law,
morals, religion and philosophy. This analyses is based with a critical historiographical
approach in the Iberian school, to emphasize how public and private behavior
influenced legal reflection. In this historical context, the distinction between the public
and private spheres was tenuous, and the regulation of judges assumed a moralistic
character. Thus, the ideal of judex perfectus was more associated with the exemplary
conduct of the judges daily lives than with the mere application of legality. The idea of
the justice of judges stands out, with regulations covering not only the occupation, but
also the individual judge. Furthermore, the study questions the predominance of
legalism and emphasize the casuistic nature of justice, highlighting coexistence of legal
plurality, the centrality of arbitration and virtue of prudence in the administration of
justice. Using sources from legal, jurisprudential and theological literature, the research
explores the conditions for the exercise of justice, positioning the judges as guarantors
of equity and good government. As a result, concepts sush as justice, laws, equity and
public occupations are revisited, proposing a read of justice as a practice centered on the
person of judge, and not on the laws. In this way, we analize the judge figure as a key to
understand the complexity of law in the past and thus point out how different historical
paradgms can offer answers to contemporary issues, such as the crises in trust oin the
judiciary and the search for greater humanization in the application of law.

 

 

 

COMMITTEE MEMBERS:
Presidente - JEANNIE DA SILVA MENEZES
Interno - BRUNO MARTINS BOTO LEITE
Externo à Instituição - RAFAEL RUIZ GONZALEZ