Sentir na sentença: direitos humanos, emoções e decisões judiciais

Abstract

This thesis consists on Anthropology of Emotions’ approach to judicial decisions in Human Rights, with emphasys on LGBT Rights cases. The work is based on academic research in three fields: LGBT/Human Rights; Anthropology of Emotions; and Law as an object of Anthropology. The academic research dialogues with data obtained from interviews with magistrates about the experience of decision-making, in respect to the moral and emotional dimension in judicial disputes involving LGBT/Human Rights. The analysis of the interviews consists in two chapters: first, what was named a “juridical etnopsychology”, which enrolls magistrates’ conceptions of the role of emotions in their decisions; and another chapter about the relations between feeling and human rights on a moral level, focusing on the conception of a “change of sensibilities” through the history of human rights, as well as the sense of justice and sense of legal certainty, and the connection between feeling and judicial decisions.