A fundamentação das decisões judiciais como garantia do processo constitucional

Abstract

The present work has as its object of study the duty to justify the judicial decisions, under the focus of different positions adopted between the Code of Civil Procedure of 2015 (CPC) and dominant jurisprudence, and in order to verify if they are compatible with the effervescent paradigm of the Democratic Rule of Law. It is intended to address procedural reforms, exposing the main characteristics, among contributions and overruns of each procedural model, to understand the constitutional reason for the duty to base judicial decisions instituted in the Constitution of the Federative Republic of Brazil 1988. The bibliographic and theoretical research is the methodological strategy of concepts, as well as the analysis of judgments that reinforce the application of Thesis nº 339 of the Supreme Federal Court (STF), which provides for the dispensation of the detailed justification of all arguments brought by the parties, different from the legal commandments inserted in art. 489 of CPC/15. Finally, the objective is to propose a critical reflection on the performance of the Courts with regard to the duty to state reasons, bringing elements of the democratic constitutional process, coparticipation and procedural polycentrism, in counterpoint to the reasons for deregulation of the duty to justify judicial decisions.