A fundamentação das decisões judiciais nos tribunais pátrios à luz do processo democrático e das balizas impostas pelo artigo 489, parágrafo primeiro, do novo código de processo civil

Abstract

The new Civil Procedure Code innovated and incorporated in their predictions stormy issue, as intensely debated by the doctrine, about the reasoning of judicial decisions, as established on his Article 489, first paragraph, an illustrative list of decisions (sentences, judgments or interlocutory decisions) that will be considered unfounded. The absence of a conceptual mark on the motivation duty, as well as the attitude of patriotic Courts at the time of delivery of judicial provisionses, it led that the matter was the subject of studies and discussions, mainly under the guarantee fundamental of the role assumed by the foundation with promulgation of the 1988 federal Constitution. Therefore, the present research aims to analyze , the light of democratic process and the decisions taken under different judicial organ, the use of this novel device (Article 489, first paragraph), especially in items IV, V and VI, particularly before his merely exemplary character. Besides, it will seek to understand what step; this processual innovation will be able to achieve its pedagogical aspect, having as a background juridical praxis already very developed. In short, the research on screen, which will be based primarily on the doctrinal reading and judged analysis, proves to be extremely relevant, not only by the imminence of a new processual order, but also the importance of judicial decisions on Brazilian reality.