PROCEDURAL TECHNIQUE AND FOUNDATION OF DECISIONS IN THE CIVIL PROCEDURE CODE OF 2015

• Autor(a) principal: Alves, Isabella Fonseca
• Data de Publicação: 2018
• Outros Autores: Mundim, Luís Gustavo Reis
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Esmat
• Texto Completo: http://esmat.tjto.jus.br/publicacoes/index.php/revista_esmat/article/view/209

The present article aims to present the importance of the procedural technique for the reasoning of decisions in the Code of Civil Procedure of 2015. The methodological procedure used consisted of a bibliographical review about the procedural technique, the constitutional principles of the contradictory and the reasoning of the decisions, as well as the Code of Civil Procedure. The proposal to develop a study on the contribution of the procedural technique to the basis of the decisions in the CPC/2015, was motivated the visualization of the participation of the parties to the construction of a decision without the solipsism of the judge being the referring one. The notion of contradictory as a guarantee of influence and not surprise and its interconnection with the grounds of decisions in CPC/2015 prohibits that the interpretative-decision-making monopoly is still in the hands of the State Judge without observing the technical elements and constitutional procedural guarantees. Once this objective was reached, it was possible to analyse the procedural cooperation in the CPC/2015 and to demonstrate that the sanitation and organization decision serves as a filter for the foundation, allowing a dialogical environment in contradictory of the procedural subjects.