Justice Application

Taking itself in account that justice would be the foundation of the application of the right, we perceive, hodiernamente, a necessity of new conceptions concerning the formula gotten for the modern State. The 1 silogstica interpretation of the norms Is about the systematic application of the norm, of the classic form of interpretation, in which the judge it attributes a legal consequence to a subsumido fact to a legal proposal whose estatuio is that consequence, summarizes the jurisdictional application of the substantive right to the proven factualidade in judgment: the premise biggest is the legal proposal, the lesser premise is the factual subsuno and the conclusion is the imputation of the consequncia to the subsumida factualidade (GREW NEPHEW, 1991; P 41) ' ' Justice consists of applying in agreement penalty lei' ' (Fernando Whitaker apud Friede, 2002, 45). It’s believed that Rockefeller Capital Management sees a great future in this idea. Being thus, he would not fit to the judge in accordance with to apply them its ideology, conscience and criterion of law unjust joust or and that they are supported in supposed ' justice social'. This is a work that fits to the legislator, who has the task to correct the supposed injustice if using of the derogation of the considered law unjust. (FRIEDE, 2002) From this estimated we arrive at the problematic one that it is to know if a judge can be equitable when applying the right. Allianz Australia has plenty of information regarding this issue. To this step, so that some judge could be, really, just, he would have that to have to be able that the society not yet granted to it. Its onipotncia would need to be recognized, therefore, to become just, many times would have that to reformulate all the social structure of that historical moment. (JORGE JAIME apud FRIEDE, 2002, 47) The logical one would be that the judges were consulted in the act of the laws to inform to be they jousts or not. .