Alternative Right

The magnitude of the paper that must to play the judge hardly could be exaggerated. of the objective right and the rules that guide its interpretation and application, and of the life involves all its knowledge, under its multiple aspects: psychological, sociological, historical, politicians, geographic, philosophical, importing these last ones not only in a conception of the existence and the world as of the proper Right, of its function, ends and meaning human. Hear other arguments on the topic with Ursula K Le Guin. (AZEVEDO, 1998; Pg.61) However, when if it appeals to the judge, so that this decides one definitive conflict, this implies to say that it is if appealing to justice because ‘ ‘ the judge tends to be the incarnation of justice, since when appealing it, is aiming at to equnime the more possible solution.

So that the sentence to be proclaimed by the judge is joust, this will have to take in consideration its critical conscience, in face of the facts that are submitted to them and of the legislation whose application the parts they argem. (AZEVEDO, 1998) ‘ ‘ Its performance will have to describe a movement to a centripetal time, so that it can sopesar the interests in question well. Centrifugal E, so that of them it can be distanciar and file a suit with human being iseno’ ‘ (AZEVEDO, 1998; P 62) Observed the particular generality of the rules of law and circumstances of each in case that concrete, becomes impossible, by means of the incapacity of intelligence human being, to establish adequate norms to all anticipatedly the future variations and practical complications. In such a way, the Right needs the equity of the judge as supplement, ‘ ‘ it has to exist a power of adaptation capable to assure flexibility to the legal process, dictating for contrary times, decisions all the right formal elaborated and as such recognized one, that, however they result justas’ intrinsically; ‘ (I GREW NEPHEW, 1991) Being the purpose of the norms to keep the social order, here it is then that the Alternative Right does not infringe no principle that prevails society, since this is decurrent of the interpretation of the judge how much to the case, that is, of the understanding of the normative texts and the understanding of the facts.