Justification of judicial decisions in the new Code of Civil Procedure

About The Book

The new Code of Civil Procedure embodied in Federal Law No. 13.105 of 16/03/2015 in force since 18/03/2016 has brought profound formal and material changes to Brazilian law. One of these changes is Article 489 Paragraph 1 and Subsections which establishes in a categorical and detailed manner the requirements for the validity of court judgements in terms of their reasoning. This paper will discuss the constitutionality of this provision of the new CPC based on an analysis of various constitutional principles and a study of the provision of reasons for judicial decisions in the Brazilian and foreign Constitutions as well as the possibility of using the technique of weighting as a possible option for making Article 489 § 1 and subsections of the CPC compatible with the constitutional legal system.
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