A HERMENEUTIC ANALYSIS OF THE NEW CIVIL PROCEDURE CODE ADVANCES

• Main Author: Lenio Luiz Streck
• Format: Article
• Language: English
• Published: Universidade Federal do Rio de Janeiro 2016-07-01
• Series: Revista de Estudos Institucionais
• Subjects: Hermenêutica Jurídica; Novo CPC; Decisão Judicial; Livre Convencimento; Precedentes
• Online Access: https://www.estudosinstitucionais.com/REI/article/view/39

I've never been unwillingly with CPC/15. Everything I wrote to criticize the procedural instrumentalism and its side effects, present until the Rapporteur, Deputy Paulo Teixeira, assumed courageously the thesis that there was something more to be treated in the Project. This plus concerned the philosophical paradigms and the need to control the judicial decisions. Anyway, I believe that some guiding principles of the new code can be drawn from the project and its complexity, such as the need to maintain the consistency and integrity of the case law (including the precedents), the prohibition of the free convincing, which implies minor role and the need to adopt the intersubjectivism paradigm, that is, the subjectivity of the judge should be suspended and controlled by structuring intersubjectivity of law. This is the holding of the new "system". Without understanding it, we run the risk of making a reverse revolution. Small-gnosiological reasoning still seated in objectivist and subjectivist paradigm (or its voluntarist vulgatas) can quickly cause the downfall of a good idea.