As práticas judiciais e o significado do processo de julgamento
By: RIBEIRO, Carlos Antonio Costa
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Material type: 
ArticlePublisher: Rio de Janeiro : IUPERJ, 1999Subject(s): Trial by jury | Judicial practices | Structuration theoryOnline resources: Acesso Dados - Revista de Ciências Sociais 42, 4, p. 691-728Abstract: The article suggests that practical reason theory offers the best means to understanding the decision-making process in a trial by jury. More specifically, it argues that the decision-making practices of justice staff are guided by "dually structured" discourses, that is, by discourses that combine the moral definition of the categories "gender", "race", and "work with legal definitions regarding defendants and victims responsibilities. Data from cases judging a total of 133 people by four juries in the city of Rio de Janeiro in 1993 are analyzed by means of statistical methods and the Galois lattice (applied in the formal analysis of qualitative data). This combination of methodologies seeks to address in empirical fashion theoretical problems related to structuration theory and other theories on social structure and practices.
The article suggests that practical reason theory offers the best means to understanding the decision-making process in a trial by jury. More specifically, it argues that the decision-making practices of justice staff are guided by "dually structured" discourses, that is, by discourses that combine the moral definition of the categories "gender", "race", and "work with legal definitions regarding defendants and victims responsibilities. Data from cases judging a total of 133 people by four juries in the city of Rio de Janeiro in 1993 are analyzed by means of statistical methods and the Galois lattice (applied in the formal analysis of qualitative data). This combination of methodologies seeks to address in empirical fashion theoretical problems related to structuration theory and other theories on social structure and practices.
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