PRAGMATISM AND JUDICIAL PUBLIC POLICY

PATERNIDADE RECONHECIDA” PROJECT AS AN EXPRESSION OF CONSEQUENTIALIST JURISDICTION

Abstract

This article examines legal pragmatism as a theory of judicial performance aimed at ensuring the effectiveness of fundamental rights, using as a case study the “Criança Feliz – Paternidade Reconhecida” Project, developed by the Regional Court for the Enforcement of Criminal Sentences in São José, State of Santa Catarina, Brazil. It is based on Daniel Raupp’s conception of the pragmatic judge, who acknowledges his epistemic and institutional limitations, acts according to the practical consequences of judicial decisions, and refuses to be a mere transmitter of state policies formulated by other branches of government. The empirical experience analyzed – which has already resulted in 50 formal recognitions of paternity by incarcerated fathers – demonstrates that the Judiciary can function as an agent of public policy formulation and implementation, without breaching the principle of separation of powers. The project represents an example of consequentialist, efficient, and humanized jurisdiction, aligned with the contemporary constitutional paradigm, and may be replicated nationwide through a Resolution of the National Council of Justice (CNJ).