Ethics and Factors Affecting Judicial Decisions; [Ética e fatores que afetam as decisões judiciais]

Maita S.T.B.; Altamirano E.W.V. · Revista Oficial del Poder Judicial (2026) · DOI: 10.35292/ropj.v18i25.1254

Resumen

Ethics is the study of the means that every human being has to achieve the common good. In its application to the administration of justice, it is expected that each judge performs his or her role objectively and make decisions based on the impartial application of laws, without prejudice to the parties involved. Hence the need for judges to be objective and free from any bias. Nevertheless, decision-making is exposed to factors that undermine its objectivity and are not always identified in time; therefore, a preventive effort must be undertaken from the field of legal ethics to safeguard neutrality. In this regard, the present research article aims to describe the opinion of a group of judges regarding the objectivity of judicial decisions, as well as the results of a review of the factors that potentially affect them, based on scientific research studies. The findings show that extralegal factors affecting judicial decisions are of three types: biological, emotional, and cognitive biases. The quantitative study revealed that 100% of the participants considered that sufficient knowledge had not been provided regarding the extralegal factors that affect judicial decisions; however, 81% recognized that such factors influence judicial error, including family problems, failure to meet goals, personal prejudices, and judicial pressure.

Instituciones: Pontificia Universidad Católica del Perú