A experiência de decisão de juízes federais: para além dos autos

Abstract

This research aimed to understand the experience of the decision of the federal judge of first instance from the narrative of those who exerts the magistracy. The proposition of listening to the judges was presented as another possibility of approximation between Psychology, Law and the Judiciary, unlike the traditional relationship based on expert opinions that was established between these fields of knowledge. The three collaborators, all judges, two men and a woman, were selected among the magistrates of the Judiciary Section of the Federal Justice in the State of Rio Grande do Norte and who served in the judiciary in the City of Natal. This study was configured as a qualitative research with a phenomenological hermeneutical inspiration, based on the ontology of the philosopher Martin Heidegger. The access instrument to what the research collaborator experienced was the narrative interview. The comprehension and interpretation of the researched phenomenon took place from Heidegger's comprehensive circle. The moments of understanding the narratives were: affectation by the testimony heard; transcription of the testimony heard; identification of themes; dialogue between the reflections made from the previous steps and the literature. When asking federal judges "What is the decision process like for you in your work activity?". The question elicited answers due to the human condition of existence, they announced how each judge felt at stake as one existing in the exertion of the magistracy. And that in a sentence there is also anguish, existential vulnerability, life and death, the look of peers, in addition to the social repercussion of their sentences. The speeches were related to the meanings rooted in the world, they speak of the horizon of belonging of the judges, they referred to the ways of relations and articulation of the judge with what arrived in the world. In the encounter with the other, the judge met with the drama that also belongs to him, which is to be his own question.