Opinion (José Lúcio / Judge): Justice is difficult.


Justice is only easy for those who have no concern for what is just or unjust. This is the case when one hears about "doing justice into their own hands", where the concrete meaning of the term is clear and unambiguous - what you want is someone skinning. The impulse may result from accumulated anger, pure hate, or thirst for revenge, but certainly not the will to administer justice.

José Lúcio

(Judge President of Beja County)

these explosions, Individual or Group, They are usually open the way for the most shocking injustice.

Actually, and on the contrary, do justice is not easy. requires balance, sensibility, common sense, and a desirable control of emotions and personal impulses. Not that the judge has not emotions, since certainly has - are people of flesh and blood. But you must have sufficient command over them so they do not prevail, vitiating the decision process at the time when it's deciding.

An essential feature of judging activity is expressed in compliance with the adversarial. It is the awareness that no issue can be understood if it is seen only one side, point where it hopelessly distinguishes judicial approach popularized process of opinion formation. The one-sidedness, simplistic adherence to a position, dragging the consequent conclusion, which bills itself as evident, indubitable, imperative, It can not be an acceptable attitude in judging. However, is vulgarized in the public attitude, and, what is more serious, in many of those who contribute to the formation or deformation of the public.

I can not resist giving an example, already at the time it seemed extraordinary in the statement of what I'm trying to explain. Are the vices of unilateralism, moreover entrenched in a class that is bound by its contrary to ethical status procedure. How often we see, we hear or read in the media thematic parts devoted to judicial, and necessarily involve multiple parties and complex conflicts, narrated in a completely unilateral manner, in a way that makes us think that whoever arrived first made the news (and the journalist was limited to passive transmitter role of a particular version).

Here years ago I opened a national newspaper (I was then an insatiable devourer of newspapers, habit that the Internet killed) and a page devoted to news of the regions came the report of a situation presented as shocking and scandalous, up above, it was said, the inertia of the police and judicial authorities to give you solution.

It was the case of a woman victim of domestic abuse, and therefore he had been forced to leave the home and the abuser husband, taking with her children and collecting a retreat house. but he told the news that the evil would not give up the chase, constantly looking for the wife and children across the region where this occurred, even placing ads in local newspapers, and spreading posters around the area, which placed in the localities and roads, asking for information on the whereabouts of his wife and children, saying have disappeared. With this managed effectively by three or four times to find victims, what had forced so many times to demand new refuges. He underlined the writer that this fact brought the lady in panic, always afraid of being discovered and see the need to flee again, without any chance of leading a normal life. And there insisted the failure of courts and officials to ensure the safety and security of these people.

Read this news, with flashy title of the persecuted woman and fleeing there were two or three years, I continued reading the same newspaper and a few pages later, in another work about society that certainly would not have been read by the same responsible for paging previous piece, I found a story with a headline about a desperate man who ceaselessly sought his wife and children, because she unexpectedly and inexplicably had abandoned taking the kids, and dying of grief knocking on the door of all officials to guarantee him the right to see the children. Came even to put advertisements in the newspapers of the central region, and devoted to posters paste in the localities and roads in the same area requesting information on the whereabouts of his wife and children, and, in short, I lived in this ordeal there were two or three years. It added up until this endless pursuit had three or four times achieved episodically locate the whereabouts of children, but immediately afterwards the raptora returned to disappear with them, leaving him obviously in the greatest suffering and anguish. And, there it is, prolonged up this scandalous situation with no end in sight, without the courts or law enforcement agencies did nothing to end so scandalous injustice.

Obviously, It was made here every day journalism as televisions do morning programs. We are in the field of single vision, and so it is easy to judge.

Almost certainly readers who have only read a version were shocked by the treachery of raptora or obsessive tracker evil, as the piece I have read, and no doubt to have been people remain angry at both offenders, for reading the two texts and not notice that they were verse and reverse of each other.

And, obviously, all readers shook their heads in disapproval for responsible entities (al courts!!!), guilty beyond doubt (without ifs or buts, with always happens in this kind of trials).

The perpetrators of the two news stories published by unlucky coincidence in the same issue of the same newspaper had only exercised the amplifiers function of a particular version of the same story and interested. In the administration of justice that is not at all possible. a judge, to hear the case, I would have to hear both sides. It makes all the difference.

(Text written under the previous rule to spell AO1990, by the author's option)


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