A fundamentação de decisões judiciais: o art. 489 do Código de Processo Civil de 2015 e a exigência constitucional da fundamentação das decisões judiciais

Abstract

Although the reasoning of judicial decisions is a subject closely related to the proper exercise of jurisdiction, to a model of democratic civil procedural law, to the notion of justice and to the fundamental right of due process of law, in practice, to understand what constitutes adequate reasoning and identify in which cases the decision needs to be annulled is not simple. The purpose of this paper is to systematize and examine the origin and the foundation of the right to an adequate justification, especially considering the Constitution of the Federative Republic of Brazil of 1988 and, more recently, the Code of Civil Procedure of 2015, in order to contribute to the heated debates about art. 489, paragraph 1 of this normative document. In the research, were examined the philosophical and theoretical foundations of the right to adequate justification of judicial decisions, as well as the functions of adequate justification inside and out of the proccess, correlating them with the rights to the due process of law. Then, a short analysis was made about the requirements for the motivation of a decision to be appropriate and the consequences of the breach of the obligation to motivate.