Theory of judicial decision and brazilian code of civil procedure
brief reflections
Keywords:
Theory of judicial decision, Precedents, Reasoning of judicial decisionAbstract
The Brazilian Civil Procedure Code established a broad and complex decision-making model. The regime of stabilization of antecedente protection, the techniques of preliminar judgment and the list of binding jurisdictional provisions of article 927 are distinct judicial decisions, which require a normative and theoetical systematization in order to enable their adequate understanding and application in judicial practice. In this context, the article aims to describe the normative treatment given to jurisdictional provisions by the code and to reflect on a theory of the judicial decision that allows greter useful result of the democratic and cooperative process model proposed by the code. This is na exploratory research and the research methodology used is qualitative documentar, based on the analysis of legislation and judicial decisions handed down by the courts.
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