O juiz cordial: a formação cultural e a abertura para a cordialidade na decisão jurídica

Abstract

Sérgio Buarque de Holanda, in his work "Roots of Brazil," demonstrates that the primitive patriarchal family type has prevailed in these lands since ancient times, making it difficult for those in positions of public responsibility, who were formed in this environment, to understand the fundamental distinction between the domains of the private and the public. The "cordial man," within the dimensions of patriarchy, patrimonialism, authoritarianism, and personalism, is imbued in Brazilian culture, reverberating in the political, economic, legal, and social aspects. From this perspective, it will be shown how judicial decisions, in both difficult and easy cases, are contaminated by cordiality, serving as the vector and axiological motive in the interpretation and argumentation of the law, resulting in arbitrariness in its application. Moreover, this cordial man is responsible for the construction of the cordial judge, causing a serious crisis of inequality in the face of the law.