A decisão judicial e o dever de fundamentação no direito processual civil brasileiro

• Autor(a) principal: Paes, Mateus Spricigo
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5737
• topic: Decisão judicial; Dever de fundamentação; Direito processual civil brasileiro

This monograph aims to analyze what is established in the Civil Procedure Code, in force since March 18, 2016, on the duty to state reasons, considering what is provided in article 489, first paragraph, in all his subsections. Referring to the methodology, regarding the level, the academic research was exploratory; the approach was qualitative; regarding the data collection procedure was bibliographical. That said, it had been achieved the research purpose and complete all the goals beforehand. After all, it was analyzed the duty of justification in Brazilian civil procedural law, especially when individually addressed the subsection of first paragraph of article 489. It was therefore concluded that judicial decisions, given the duty to state reasons and innovations perpetrated by article 489, first paragraph, of the Civil Procedure Code, must contemplate the claims made by the parties, assessing the issues raised and setting out the reasons why the requests formulated. This is so that they are congruent, controllable and rational, and that any nullities resulting from lack of motivation are avoided. Finally, it should be pointed out that this research did not exhaust the theme, which can be better analyzed in more advanced academic research, considering its complexity and the variety of legal and doctrinal positions on the duty to state reasons.