As decisões judiciais e suas controvérsias na aplicação do(s) direito(s): uma análise acerca da persuasão racional do juiz

Abstract

The current scientific article stems primarily from disparities in jurisdictional benefits. In principle, it considers the historical evolution of legal philosophy, demonstrating how theories elucidate the formation of conviction by the judge, varying according his subjectivity. Thus, the controversies between the law and the verdict are evidenced, and separate legal decisions are brought before the same concrete case. The last one, it communicates the sources of Law in the scope of glimpsing the impacts of judicial decisions in the process, with a fulcrum in the art. 489, § 1° of the New Code of Civil Procedure – NCPC. Therefore, the importance of the legislature in circumventing judicial arbitrariness against the parties is evident. Thus, the objective sought here is to determine the degree to which the Magistrate 's exacerbated formalism and conservatism can interfere with the delivery of the decision, which falls, directly and immediately, under the life of a jurisdiction.