Judicial processes as "three-phase cycles". Case study of judicial decisions from the critical methodology

Abstract

This article presents the most significant components of qualitative research, the data, the analytical and interpretative procedures for those data, and the reports that contain the results or theories. The application of the critical methodology is proposed, as a metacognitive and interdisciplinary discipline, proceeding to the analysis of judicial processes related to Human Rights from the Macro, Meso and Micro scales of a research process. Pointing out the Micro scale, the syncretic or ideation phase will be compared with the expository stage of a judicial process; the analytical phase with the probationary period and the synthetic phase with the judicial sentence. Following a constructive process, the different components of the data and the logical-methodological relationships between the Supra-unit, anchor and Sub-unit levels will be located in the matrix system.  Judicial rulings that rule on human rights, especially the right to work and the right to privacy, will constitute Units of Analysis of a matrix in light of the critical methodology.