OF THE DUTY OF FUNDING THE JUDICIAL DECISIONS UNDER THE CONSTITUTIONAL PRISM AND THE NEW CIVIL PROCESS CODE

Abstract

The duty to justify judicial decisions is provided in art. 93, item IX, of the Federal Constitution of 1988, so that the judge must demonstrate the reasons that led him to proclaim a decision. Thus, the present study intends to address the need for justification of judicial decisions, a requirement already enshrined in the Charter, which with the new civil procedural code, reaffirm this prerogative in the name of legal certainty. Based on bibliographical research, it can be concluded that the need for justification of judicial decisions, also foreseen in infraconstitutional legislation, is seen as one of the mechanisms to guarantee legal certainty, in a way that offers more predictability, rationality and quality of judged.