A construção jurídica e local da verdade real pelo juiz: oralidade, documentalidade e sintetismo em um Juizado Especial Cível

Abstract

The present paper intends to understand how does the judicial process estabilish itself and which way the search for the real truth (MENDES, 2011), an absolut truth to the situation discussed in the procedings, seized only by the magistrate. Studies such as the Regina Mendes’s (2011), Bárbara Lupetti Baptista’s (2008), Cardoso de Oliveira’s (2011) and Kant de Lima’s (2010), signed in the scope of the Juridical Anthropology, make clear that the part under jurisdiction has a mitigated role in the Judiciary Power; that the action follows a conflictual logic, and non-transactional; and that the sentence is a decision imposed uniterally by the magistrate to the parts, even they not always believe that their demands were recognized by him, ending dissatisfieds. The datas obtained in a Special Civil Court from the State of Rio Grande do Norte, in this meaning, seem to demonstrate that the magistrate intends to comprehend that truth to, from that on, compress the number of instructive acts and optimize the efficiency, in a way to lead to the big demand which is imposed for him daily. But still, leads to the idead that such truth is the result of an in loco construction, thanks to the daily experiences experienced in that context. From this empirical analysis, it was accompanied the dealing that the labor goes through, since its preparation under terms until the sentence of merit, leading to the assumption that all of the procedural acts converge to that search. The main consequence resulted from it, lastly, is the analysis of a instructory methodology that, despite of seeming peculiar, unique, finishes by reflecting the juridical sctructures in which it’s embedded: the granted liberties, that apparently pair the players of the Judiciary, state again the hierarchic relations of power and knowledge between judges, servants and other actors; and the evident possibility of an increasing participation of the part in the instruction intends to, actually, select utterances, knowing them and mitigate them in the future.