Neutralidade e imparcialidade: análise frente à função judicante no constitucionalismo contemporâneo

Abstract

Seeks, through this article, analyzing the concepts of neutrality and impartiality of adjudicative function in front of the contemporary constitutionalism. To this end, talks over the distinctions between these concepts, establishing a critical view about how they were viewed in the past and should be viewed in this, as well as a constitutional vision and progressive. For the last, it is concluded that the contemporary legal scenario no longer admits confusion between neutrality and impartiality, because the world is extremely plural, people have different world views, these views can be covered and protected by the legal system, which covers content standards as abstract and indeterminate human dignity, citizenship, equality, freedom, among countless others. In this context, the law should be applied in order to adjust to the fundamental rights and claims to social, political and economic subjects of law and obligations, a segment in which the neutrality of the judge's impossible, but that's not necessarily their outrage impartiality.