Jurisdição e livre convencimento motivado

Abstract

This study seeks to analyze the jurisdiction and the principle of free motivated conviction. With the aim of reaching that scope, the work is opened with the study of the jurisdiction analysis as due to state power, being verified its settings, objects and contents, so that it reaches the duty of the judge, that comes from the law that is based on our legal system, and also about the awareness of the Judge. The jurisdiction was analyzed keeping in mind, in particular, what is the duty of the judge. Topping up the study of jurisdiction (duty of judge), it is analyzed the question of the principle of free motivated conviction. The study of doctrinal definitions and their evolution in the course of time was done. The study covers the sequence in which effectively are the facts and circumstances placed sub judice, so a third moment to make the evaluative question: what facts, circumstances and evidences have greater or lesser weight to the judge. The conclusion points to the effect that there should be a clear and sharp distinction between freedom of conviction and arbitrary conviction in order to reach the ultimate goal of the process that is the social peace