The insulating and debiasing techniques and the objective impartiality of the judge in civil proceedings
Palabras clave:
Impartiality, Debiasing, InsulatingResumen
Introduction: Impartiality is linked to the balance of process and due process and can be classified under two biases: subjective and objective. The first reflects on the judge's relations with the parties. The second relates the magistrate to the object of the case. Currently, the only hypotheses of breach of impartiality are provided for, exhaustively, in Articles 144 and 145 of the Code of Civil Procedure and deal with impediment and suspicion. However, taxativity limits the hypotheses of bias, which is why it is proposed to use the techniques of debiasing and insulating. Objective: Initially, it is proposed the analysis of the "biases of cognition. From there it will be necessary to understand that debiasing combats biases through pedagogical instruments and insulating removes biased subjects from the judicial activity. In this sense, the question arises about how the techniques act to ensure the objective impartiality of the judge in the civil process? Justification: According to the report of the Justice Confidence Index in Brazil, from 2013-2017, it was found that trust in the Judiciary fell to 24% in 2017. Hence also the importance of the present study that aims to apply the techniques of debias in favor of the recovery of the credibility of the judiciary, which is intended from the stoning of the psychological profile of the judge. Methodology: In short, the research developed used a qualitative approach, the bibliographic review procedure and the inductive-deductive logic, in order to carry out a theoretical survey on the problem presented and apply it to the content studied. Secondary sources were also used, especially publications in books, academic studies and scientific articles. Conclusion and result: After completing the research, it is possible to infer that the techniques presented can be applied in the control of the judge's bias. This happens to the extent that the technique allows the expansion of the hypotheses of the CPC.
