A crise da racionalidade jurídica: análise do banco de dados do Tribunal de Justiça do Estado de Santa Catarina nos anos de 2014 a 2016

Abstract

The article addresses the crisis of legal rationality in the scope of first instance sentences reformed by the Court of Justice of Santa Catarina between 2014 and 2016, period in which statistical data, of reformed sentences, were available for access on the TJSC platform. The research problem brought in the present article is what are the consequences of the crisis of legal rationality in the Judiciary, regarding the inefficiency of the decisions rendered, away from its main objective of granting rights and applying justice, and the impact it causes on society? The methodology used was dialectic, which, starting from a thesis that is opposed to an antithesis, formulates a synthesis in a rational way, that with the use of bibliographic sources, official data consolidated by the government, among other documents, arrives at an answer. From the data, it was possible to observe that the legal rationality moves away from the decisions handed down by the magistrates, in phase of the ineffectiveness of the agile delivery of jurisdictional provisions.