I decide like this because society thinks like this: the symbiotic relationship established between social appeal, mediatization of cases and the making of discretionary decisions in law

Resumo

The present work seeks to investigate, within the great theme of theory of judicial decisions, the development of the relationship between social clamor, mediatized cases and discretionary decision-making in law. For this, the essay is divided into two sections. It begins with the understanding of the media’s appeal as a portrayer of the popular will, acting as a thread that transfers the tension from the right to discretionary judicial decisions. The second chapter, in turn, studies how popular-media influences determine decisions nourished by subjectivity and, thus, strengthen the roots of the paradigm of the philosophy of conscience in law. Based on this, the question is: to what extent can the social appeal and the mediatization of cases, as allies, appear as protagonist for the triggering of discretionary judicial responses? To solve the research problem, the phenomenological-hermeneutic approach is used. Ath the end of the study, it is possible to conclude that the social appeal and the mediatization of cases, as allies, can appear as protagonists for the triggering of discretionary judicial responses to the extent that both phenomena act symbiotically in the possibility of producing subjectivity in the decision-making context, in heavily fed by the paradigm of the philosophy of consciousness in the process.