Abstract:
In this article, Alfred Schütz's concept of sharing the lifeworld is used to analyze the judge's action facing innovations and novelties that conflicting social actors bring to the courts. This is a problem that is presented to judges who are dedicated to environmental causes, since the past traditions can not be reproduced because they are harmful to the environment. The magistrate directs his words in the sentence towards our successors, the anonymous and indeterminate future generations. These aspects were addressed with the support of in-depth interviews and the analysis of legal texts to investigate the case of the Quilombo da Família Silva, the first urban reservoir of traditional land in Brazil. We find that among the capabilities of an environmental judge is the power to authorize the emergence of innovation whos carriers are the new generations. In this way he can break a tradition and start a new chain of cause and effect in society.
Keywords:
Phenomenology; Judge; Quilombo; Innovation