Elementos para (re)construção da Teoria Geral da Decisão Judicial no Processo Civil Brasileiro

• Main Author: Alexandre de Castro Catharina
• Format: Article
• Language: English
• Published: Centro Universitário de Valença 2016-07-01
• Series: Revista Interdisciplinar de Direito
• Subjects: Procedural reforms; theory of judicial decision; general theory of the process
• Online Access: http://revistas.faa.edu.br/index.php/FDV/article/view/58/38

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.