O dever de fundamentação das decisões e sua aplicação no âmbito dos juizados especiais
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Date
2021-05-14
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Universidade Católica do Salvador
Abstract
The Federal Constitution provides in its art. 93, item IX the guarantee that all
decisions must be substantiated under penalty of nullity. Such guarantee started to be regulated
in a specific way by the Civil Procedure Code in its paragraph 1 of art. 489, which highlighted
which decisions are not considered reasoned. However, even though the 2015 CPC has
instrumentalized the duty to state reasons, within the scope of the Special Courts, several
problems persist regarding the application of §1 of art. 489 under the justification that
contradicts the principles that guide the systematic of the special courts and that the special law
subsists the general law. Notwithstanding the resistance regarding the application of an
exhausted reasoning in the special courts, there is still, art. 46 of Law 9099/95 which allows Class Appeals to deliver an decision maintaining the sentence in all its terms, that is, allowing
the delivery of an agreement without efficient reasoning. In this sense, the problem arises as to
the duty to state reasons within the scope of special courts, in the sense of concluding whether
§ 1 of art. 489 of the Code of Civil Procedure in supplement to Law 9099/95. In order to solve
the problem raised, through the analysis of the relationship between the principle of reasoning
and some other constitutional principles, especially the principle of the double degree of
jurisdiction and the standardization of that principle over time, understanding do Fonaje and
the Special Courts of the State of Bahia, explain the grounds for which §1 of art. 489 of the
Code of Civil Procedure applies to special courts, as well as that for the effective exercise of
due legal process and the constitutional guarantee of the reasoning of decisions it is essential
that all decisions are duly substantiated, including those given in the Special Courts, once that
the simplicity and low legal complexity required in the courts refers to the demand, that is, the
cause of asking and the request, and not the quality of the judicial decision that resolves this
dispute.
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Keywords
Princípios constitucionais, Fundamentação das decisões judiciais, Juizados especiais, Turmas recursais, Constitutional principles, Rationale for judicial decisions, Special courts, Class appeals