PECULIARITIES OF THE REASONING OF JUDICIAL DECISIONS IN BRAZIL: THE NEW CIVIL PROCEDURE CODE
This paper deals with a relevant topic: the reasoning of a judicial decision as a requirement for its validity. In fact, this need is typical of democracies. In democracies, authorities have to justify their decisions which interfere in private lives. Decisions have to be reasoned also because they...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Publshing House V.Ема
2016-06-01
|
| Series: | BRICS Law Journal |
| Subjects: | |
| Online Access: | https://www.bricslawjournal.com/jour/article/view/6 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1849240678090932224 |
|---|---|
| author | T. A. A. Wambier |
| author_facet | T. A. A. Wambier |
| author_sort | T. A. A. Wambier |
| collection | DOAJ |
| description | This paper deals with a relevant topic: the reasoning of a judicial decision as a requirement for its validity. In fact, this need is typical of democracies. In democracies, authorities have to justify their decisions which interfere in private lives. Decisions have to be reasoned also because they are, as a rule, appealable. What is challenged in an appeal is precisely the reasoning / motivation of judicial decisions.The main novelty in this context is a provision which exists in a Brazilian Bill for a new Civil Procedure Code, which determines how the decision must be reasoned. It openly recognizes that a judge bases his or her decision not only on statutes literally considered, but also on legal writing and on case law. The legislator was very bold, because we are a civil law jurisdiction, where students are currently led to believe the decisions emerge automatically from statutory law.Furthermore, this new provision teaches judges how to deal with all these elements, under penalty of having the decision being declared void or null. |
| format | Article |
| id | doaj-art-ff7fd2c00c5e4f9e921dbc1e90a37680 |
| institution | Kabale University |
| issn | 2409-9058 2412-2343 |
| language | English |
| publishDate | 2016-06-01 |
| publisher | Publshing House V.Ема |
| record_format | Article |
| series | BRICS Law Journal |
| spelling | doaj-art-ff7fd2c00c5e4f9e921dbc1e90a376802025-08-20T04:00:28ZengPublshing House V.ЕмаBRICS Law Journal2409-90582412-23432016-06-0111586610.21684/2412-2343-2014-1-1-58-665PECULIARITIES OF THE REASONING OF JUDICIAL DECISIONS IN BRAZIL: THE NEW CIVIL PROCEDURE CODET. A. A. Wambier0Pontifical Catholic University of São PauloThis paper deals with a relevant topic: the reasoning of a judicial decision as a requirement for its validity. In fact, this need is typical of democracies. In democracies, authorities have to justify their decisions which interfere in private lives. Decisions have to be reasoned also because they are, as a rule, appealable. What is challenged in an appeal is precisely the reasoning / motivation of judicial decisions.The main novelty in this context is a provision which exists in a Brazilian Bill for a new Civil Procedure Code, which determines how the decision must be reasoned. It openly recognizes that a judge bases his or her decision not only on statutes literally considered, but also on legal writing and on case law. The legislator was very bold, because we are a civil law jurisdiction, where students are currently led to believe the decisions emerge automatically from statutory law.Furthermore, this new provision teaches judges how to deal with all these elements, under penalty of having the decision being declared void or null.https://www.bricslawjournal.com/jour/article/view/6decisionjudicial decisionreasoningmotivationcase lawlegal writing |
| spellingShingle | T. A. A. Wambier PECULIARITIES OF THE REASONING OF JUDICIAL DECISIONS IN BRAZIL: THE NEW CIVIL PROCEDURE CODE BRICS Law Journal decision judicial decision reasoning motivation case law legal writing |
| title | PECULIARITIES OF THE REASONING OF JUDICIAL DECISIONS IN BRAZIL: THE NEW CIVIL PROCEDURE CODE |
| title_full | PECULIARITIES OF THE REASONING OF JUDICIAL DECISIONS IN BRAZIL: THE NEW CIVIL PROCEDURE CODE |
| title_fullStr | PECULIARITIES OF THE REASONING OF JUDICIAL DECISIONS IN BRAZIL: THE NEW CIVIL PROCEDURE CODE |
| title_full_unstemmed | PECULIARITIES OF THE REASONING OF JUDICIAL DECISIONS IN BRAZIL: THE NEW CIVIL PROCEDURE CODE |
| title_short | PECULIARITIES OF THE REASONING OF JUDICIAL DECISIONS IN BRAZIL: THE NEW CIVIL PROCEDURE CODE |
| title_sort | peculiarities of the reasoning of judicial decisions in brazil the new civil procedure code |
| topic | decision judicial decision reasoning motivation case law legal writing |
| url | https://www.bricslawjournal.com/jour/article/view/6 |
| work_keys_str_mv | AT taawambier peculiaritiesofthereasoningofjudicialdecisionsinbrazilthenewcivilprocedurecode |