Assessing Judicial Reasoning A Methodological Proposal for Constitutional Decision-Making Courts in South America

The research was developed in 2 phases: the first one intended to compare and to describe variables that influence the judicial decision-making process. Then, backed on different approaches we propose a tool that allows to measure the judicial reasoning within the boundaries of Constitutional decision-making Courts in South America . Although the name of the Institution varies in the hemisphere, we will treat it as Constitutional Court indistinctly . The main perspective adopted in this work related to the behavior of judges is the labor market one . However, it doesn’t mean it is fully subscribed, instead, it is taken as one of the most important and comprehensive contributions in describing theories of judicial behavior. And one of the greatest advantages of conceiving a judge as a worker, “and thus a participant in the labor market” relies in the possibility of “creating a model of judicial behavior that generates hypotheses testable with data.”