Magistrates Training: Why to Crave for More Creative Cities and Judges?

• Autore: Gilson Jacobsen - João Batista Lazzari
• Carica: Doctor in Legal Science by Universidade do Vale do Itajaí, UNIVALI (Brazil) - Doctor in Legal Science by Universidade do Vale do Itajaí-UNIVALI (Brazil)
• Pagine: 152-171

ARTICLES & ESSAYS

https://doi.org/10.6092/issn.2531-6133/8467

UNIVERSITY OF BOLOGNA LAW REVIEW

ISSN 2531-6133

[VOL.3:2 2018]

This article is released under the terms of Creative Commons Attribution 4.0 International License

152

Magistrates Training: Why to Crave for More Creative Cities and Judges?

GILSON JACOBSEN & JOÃO BATISTA LAZZARI

TABLE OF CONTENTS: 1. Introduction; 2. Challenges for the Judiciary and Training of

Magistrates; 3. Urban Development; 4. Judicial Creativity; 5. Final Considerations.

ABSTRACT: This study seeks to identify the contemporary challenges of the judiciary and

the need for training of judges focused on skills aimed at resolving these adversities. To

demonstrate this approach, it points out the importance of judicial creativity in face of

the disorderly urban development with the exclusion of the poorest people. The study

concludes that the Magistrate's Judicial Schools for Training and Improvement have

the role of establishing training activities that combine legal techniques with

knowledge of management, socioeconomics and creativity. The paper also encourages

socio-judiciary research programs and exchanges with universities, so that judges are

encouraged to enroll in Master and Doctoral courses, and possibly attend a second

graduation.

KEYWORDS: Magistracy; Formation; Competencies; Creativity; Urban Development

University of Bologna Law Review

[Vol.3:2 2018]

https://doi.org/10.6092/issn.2531-6133/8467

153

1. INTRODUCTION

The purpose of this article is to demonstrate that there is - or at least must

exist - a relationship between the development of cities and the judges who

live and work there, especially in these times which involve complex and great

challenges to be faced by all, especially by the Judiciary, which primarily

resolves social conflicts, reconciles the parties or says how the legal system

should be applied in each case.

More than this, this work faces the burning theme of judicial creativity

and the humanistic and pragmatic formation of magistrates, trying to

understand if this is something that should be sought in these times when

even more creativity is charged from the cities.

Therefore, the study is structured into three topics. The first provides a

brief notion of some challenges faced by the Judiciary in recent times and the

skills that magistrates develop in training. The second investigates how the

idea of urbanism was raised and discusses some challenges also faced in

relation to urban development. The third identifies any relationship that may

exist between the cities and the judges nowadays. After all, people believe that

a judge must be one who is active in his community, so that he can know it

better and thus give fairer judgments. More than that, the third topic deals

with the issue of judicial creativity, thematic that comes back to approach the

theme of cities, since much is proclaimed nowadays, that cities, in addition to

sustainable, must also be creative.

In the end, what is really going to be discussed is how to select and

train more creative judges in these times when even from the cities, creativity

is expected.

The research, data treatment and drafting of this research report are

based on the deductive method,1 and the techniques used are those from the

† Gilson Jacobsen is Doctor in Legal Science by Universidade do Vale do Itajaí – UNIVALI (Brazil);

Doctor in Public Law from the University of Perugia / Italy. He is currently attending a post-

Doctorate in Constitutional Law at the University of Bologna, Italy. Federal Judge in Brazil. João

Batista Lazzari is Doctor in Legal Science by Universidade do Vale do Itajaí-UNIVALI (Brazil);

Doctor in Public Law from the University of Perugia (Italy). He is currently attending a post-

Doctorate in Constitutional Law at the University of Bologna, Italy. Federal Judge in Brazil.

1 “DEDUCTIVE METHOD: logical basis of the scientific research dynamics that consists in

establishing a general formulation, and then pick up the phenomenon parts in order to sustain the