Função social do oficial de justiça: uma análise a partir de papéis e sentimentos

Abstract

The social function of the probation officer, the personal impressions and concerns that result from the accomplishment of juridical orders are the object of the present research work. Such impressions and concerns are related to the fact that this academic is a juridical servant in the effective practice of his work as a probation officer and to the comprehension that this professional, in his daily work, turns up being the real bond between the Judiciary and society, since he is the one who accomplishes the judicial acts in person and directly to the disputing parties. The concerns are, though, originated from the direct action and consequently the perception of the relation that emerges between the State, that exerts its power of custody and decision, and the citizen that seeks satisfaction for his issues. As a result of this proximity and intervention, in several situations this servant, although being aware that juridical orders might be effectively accomplished, comes across conflicting situations that reaches his own sense of justice. Although being aware of the determinations that mark and define the lines of the papers produced, classified and attached in the process in which the parties dispute, several times there are new facts and unexpected situations that only emerge in the moment of accomplishing the juridical order, facts that are not in the papers we have in our hands and, as a result, transmit to the state agent the feeling that it could have been taken a different decision than the one in the lines of the juridical warrant. In this monography, such issues are treated from an analysis inspired by autoethnography. Thereby, personal experience reports with five different cases of juridical orders accomplishment lead to the analysis about the social function of the probation officer and the power of papers and documents in the performatization of subjects and rights.