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15th October 2022

John had many peculiarities in his case, and for this reason, the judge applied a fair law to adapt it to the case presented. Fairness is used to assist in the impartial assessment of identical applications. According to Aristotle, in the book Nicomachean Ethics to Justice is “a correlation of the law when it is deficient because of its universality”, that is, when the legislator creates the law, the legal norms, these have among their characters, the generality, so the judge rigorously applies the norm without paying attention to the specificities of each case, Aristotle says that equality is “the justice of the concrete case”, As we have already said, judge cases freely, where “account is taken of what is special in each respect”. (VANNI apud NADER, p.114) “(…) Justice is distinguished between judicial justice and legal justice. The first case would be one in which, in case of legal authorization, the judge applies (explicitly or implicitly) the best solution for the specific case, resulting in “perfect justice”. In the second case – legal fairness – justice would be “approximate”, because it intervenes when the legislator itself minudencia the general rule that specifies several hypotheses of the impact of the norm. There would be a specific approach to the case, but no perfect justice. Despite the different nomenclatures, the identity of the concepts is conceived. Thus, corrective justice, integrative justice and legal justice have the same definition, that is, they are nomenclatures that give the same meaning: legally licitative to the claimant of the right to use equity to complete the normative content of the law, which the legislator has made abstract, voluntary or effectively impossible. Therefore, it is not shared with the position that integrative justice and remedial integrity integrate different genders, since it is possible to correct through integration; Integration is a genus whose correction is a species, and in the Brazilian legal system it can only take place if there is a prior and explicit legal provision. It occurs to adapt the law to the specific case, or if there is a loophole or loophole in the law, justice is essential to solve the problem depending on the case. In the new civilizations, the system collapsed as expected, which led to the existence of the legal state, the state of legality. Fairness is an exception and can only be applied if it has been ordered in advance and by the legislator.

The stability of social relations has thus become more constant, as a natural consequence of not anticipating the false conclusion that all judgments rendered by justice are unsatisfactory because they do not renounce the cultural and humanistic training of their applicator. First of all, it is emphasized that the matter of justice lies in the problem of the integral realization of justice, so that justice and equality are inseparably linked. Justice is a virtue that consists in giving everyone what belongs to them. This is essentially a concern for equality and proportionality. The first involves the correct application of the law in order to avoid freedom of action; The second is to treat the same and the unequal equally, in proportion to their inequality and according to their merit. Equivalence and proportion. Aristotle also loves justice with the rule of Lesbos, a special rule that was used to measure certain blocks of granite, and that, because it is not rigid, the irregularities of the object have been adjusted, that is, just as justice serves to adapt decrees to concrete facts, the rule of Lesbos measures “not only what is normal, but also the inevitable variations and curvatures of human experience.” (REALE, 2009) The form of value is broad and manifests itself in several aspects, such as vague and vague concepts, as well as in the application of the law according to the social objectives for which it is intended. Therefore, the judicial value of justice is imbued and evaluated without saying in our system that the sentence was carried out with fairness. Here, fairness is a value of fairness or is used in the form of bravery. This means that fairness and justice represent a similar idea in an Aristotelian overview. However, the just is considered the most just, not only according to the law, but as a correction of legal justice that leaves no social fracture.

In the same sense, the conclusion of OLIVEIRA is ASCENSÃO. Justice is “typically a formal criterion for deciding individual cases and not a normative criterion, since it does not arise and does not need to be raised to formulate rules. It dictates solutions for cases, taking into account the particularities that characterize them; does not establish rules because it has no general educational intent; However, they do not interest you in other similar cases. In fact, justice is also a value that departs from philosophy and, under this essence, that is, as a value, can and must permeate all the general principles of law,[26] which does not mean, however, that it can be widely adopted as an integrative form of legal gaps, since it is not the general principle of law. But a value that only gives him philosophical support. It was noted that caution should be exercised in the application of justice in some cases, as the misuse of that resource could cause inconvenience and divert the main purpose of its application, which was to promote justice. It has been found that fairness can also be used to correct certain conclusions, if the purpose of certain laws is contrary to the interests pursued, fairness is intended to correct them and is therefore useful in promoting fairer decisions.

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