THE PROTECTION OF CONTRADICTORY IN THE BRAZILIAN NEW CIVIL PROCEDURE CODE: THE PROHIBITION OF “SUPRISE DECISIONS”; CONDITION TO THE EXTENSION OF THE OBJECTIVE LIMITS OF “RES JUDICATA”; IDENTIFYING UNMOTIVATED DECISIONS

Abstract

This article aims to analyze different kinds of judicial protection to the contradictory principle in the new Civil Procedure Code. As a procedural fundamental right, contradictory demands real application by judges and legislators. The new Civil Procedure Code ruled the theme properly, which can be identified by the prohibition of “suprise decisions”; the prevision of contradictory as a condition to the extension of the objective limits of “res judicata” to the so called “prejudicial questions” and the identification of unmotivated decisions.

Keywords

• suprise decisions
• objective limits of “res judicata”
• motivation
• judicial decisions
• contradictory
• brazilian new civil procedure code
• civil procedure code of 2015
• prejudicial question