Brazilian judiciary and its margins: a brief proposal to think about the discription of the current judicial decision model in the production of illegalisms

Abstract

The purpose of the text is to emphasize the political character of the jurisdiction, in order to point to a possibility of reading the judicial voluntarism from the limits of the judicial decision. We deal initially with the discretionary nature as a space for the exercise of the political power of the Judiciary for the production of rules, highlighting the (also) political character of the judicial decision in the conception of Hans Kelsen. Soon after, we approach the anthropology of the margins in the perspective of Deborah Poole and Veena Das, with the objective of trying to recognize in this theory sufficient contribution for a new reading of the judicial discretion from the practices of the members of the judiciary in everyday reality. Once the essential points were highlighted, an analytical comparison was made with the judicial voluntarism denounced in the previous topic, thus establishing a better reflection on the possibility of a criticism of this practice from the lens that allows recognizing the judiciary for its practices and its omissions in concrete reality.