Cognition diluted into procedural fragments

Windows of opportunity for fulfilling the duty of judicial candor

Abstract

The present study aims to describe the notion that judicial cognition should be understood as a crossroads that links subjectivity and intersubjectivity influenced by the conscious and unconscious of the judge. It is based on the hypothesis that the procedural relationship should establish a two-way street, in which a dilution of subjectivity is possible through intersubjectivity, in which judicial cognition is democratized. The other way is through the need for frankness of the judge. The methodology used is the bibliographic review
and, through the inductive method, a conclusive proposal is presented that can
be systematized in four elements, namely, the duty of judicial sincerity, the
fight against safeguards that limit horizontal and vertical cognition, with the
increase in the use of procedural acts and scrutiny by different authors, the
perception of the structural process and a greater diffusion of practices such as
procedural sanitation.