As mudanças na Teoria da Decisão Judicial no código de processo civil de 2015 e a patologia social da liberdade jurídica: uma análise do processo judicial sob a perspectiva teórica de Axel Honneth

Abstract

The changes that occurred in the Brazilian civil procedural legislation between the Civil Procedure Codes of 1973 and 2015 reflect the cultural moment of a society that yearns for greater participation in the instances of justice, causing a turn in the theory of the judicial decision to be applied by the magistrates. By crossing the theoretical path built by the German philosopher Axel Honneth, from the initial formulation of his theory of recognition in the book “Fight for Recognition: the moral grammar of social conflicts” until his, twenty years later, updated conception of a theory of justice illustrated in the book "The Right to Freedom", the aim of this research is to elucidate at what point changes in civil procedural law would be able to satisfy the yearnings for recognition of rights in the sense theorized by the philosopher. This analysis also goes through the concepts of freedom according to Honneth, especially that of legal freedom, its limits and the social pathologies identifiable in this sphere of exercise of a negative freedom, inquiring through the exercise of this freedom, especially in the field of legal process, the individual would achieve his emancipation.