Elementos para (re)construção da Teoria Geral da Decisão Judicial no Processo Civil Brasileiro
The Civil Procedure Code of 2015 established a complex system of judicial decisions with the aim of ensuring greater dialogue between procedural subjects and, consequently, increase the democratization of the decision-making process. However, this complex system will not be effective...
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Format: | Article |
Language: | English |
Published: |
Centro Universitário de Valença
2016-07-01
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Series: | Revista Interdisciplinar de Direito |
Subjects: | |
Online Access: | http://revistas.faa.edu.br/index.php/FDV/article/view/58/38 |
Summary: | The Civil Procedure Code of 2015 established a complex system of judicial decisions with the aim of ensuring greater dialogue between procedural subjects and, consequently, increase the democratization of the decision-making process. However, this complex system will not be effective if there is a theory of judicial decision that addresses the conceptual and paradigmatic changes required for this purpose. In this context , it is intended with this article address the key innovations inserted by Law No. 13,105 / 2015 , which reformed the judicial decision definitions, and discuss about the existence of a theory of judicial decision in the Brazilian civil procedural law that contemplates changes conceptual required by new procedural legislation. |
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ISSN: | 2447-4290 1518-8167 |