Amplia????o da colegialidade nos Tribunais de Justi??a: Art. 942 do novo C??digo de Processo Civil

• Autor(a) principal: Faria, Pollyanna Teixeira de
• Data de Publicação: 2019
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UCB
• Texto Completo: https://bdtd.ucb.br:8443/jspui/handle/tede/2731
• topic: Delibera????o; Colegialidade; Voto dissidente; C??digo de Processo Civil; Code Of Civil Procedure; Dissenting vote; Deliberation; Collegiality; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The collegiality is the essence of court decision-making methodology and judges are instrument of realization, but courts are not essentially deliberative organs, and decisions largely reflect the mere aggregation of individual votes, resulting in consensus merely apparent. Judges, in general, do not see the collegiate system in the same way, with different orientations as to the figure of the rapporteur of the case and the importance of deliberation. Certainly, there is no obligation of consensus in collegiate judgments, since the divergence allows reflections, building the starting point for new concepts and alternative legal views, thus deserving to be better debated. In view of this, the new CPC, by extinguishing the embargoes infringing the law, brought in its place a rule of judgment with similar essence, but which are not confused with them, as it constitutes a necessary stage of judgment, to be applied, when present the quantitative divergence in the judgments of civil appeal, interlocutory appeal and termination action, calling sufficient new judges to reverse the initial result or moving the judgment to a larger body, allowing broad cognition by judges and the revision of votes already cast. The new CPC provided attention to the collegial judgment in order to qualify the decision, reducing deliberative deficit and improving quality of the decision-making process, thus harmonizing the jurisprudence, which must be complete, coherent and stable. Openness to multiple voices and disagreement densifies collegiality, having the potential to clarify the court's decision-making reasons, as well as reinforcing the chances of success. Although the legislator was guided by simplification, he certainly did not think about the practical and procedural implications that could arise from the applicability of the judgment technique, so that the decision technique has been causing divergences that this work intends to discuss and clarify, providing a relationship between theory and practice, with empirical research at the court of appeal of the state of Goias.