A motivação dos provimentos jurisdicionais: um estudo sobre a capacidade infirmadora da argumentação jurídica

Abstract

The constitutional process model requires a process view that builds on the constitutional provisions brought by the 1988’s CRFB. It’s like looking for the process using the magnifying glass of the Constitution. In this sense, the motivation appears as one of the largest representations of this model, and the result of thought-provoking discussions about your application. This work aims to uncover the nullifying capacity of legal arguments based on the motivation of judicial decisions, with the magnifying glass exactly the CF/88. There is the need to examine to what extent motivation is required of judges.