Debate on the Quality of Judicial Decisions (from Theory to Practice)

ABSTRACT : The judicial decision is much more than compliance with legal norms, the judicial production of the law itself is present. There are methods to optimize judgment by granting it reliability, but the study-debate on optimization mechanisms have been continually disregarded. The process of judicial decision-making is one of the most complex, since this decision escapes in its essence the Theory and Philosophy of Law and fits more deeply into the intimacy of the “agent” of the decision whose universe is to be understood. The authority it judges fulfils a duty of State and at the same time exercises a flexible part of its own obligations and limits in the isolation of its individuality and under the flow of procedures that hang between the content of the decision and its formal externalization, the judgment.The theme of the judicial decision on which this reflection intends to delimit the epistemic fields that law faces: the problem of unlimited space that contemplates the debate on the rational production of decisions and aims to contribute to the advancement of the bases of theoretical and practical rigor necessary for the constitution of a Theory of Judicial Decision. This research seeks to visualize the growing, complex and sophisticated context in which Western democracies have witnessed the increase of rational demands for the improvement of human rights guarantee institutions.

KEYWORDS: Secrecy of Justice, Freedom, Ethics, Judicial Decision, Performance Indicators of Judicial Decision (KPi’s).