APPLICATION OF ART. 489, §1º, OF THE CPC, TO THE CRIMINAL PROCEDURE, RATIONALE PER RELATIONEM AND THE POSITIONING OF THE COURTS

Abstract

The present essay aims to analyze a possibility of reasoning per relationem in the decisions made by courts and, for that, the possibility of applying Article 489 of the CPC to criminal proceedings is evaluated, as well as the limitation to jurisdictional activity, which is imposed by the duty for the reasoning of decisions. In order to carry out such a study, bibliographies and jurisprudence referring to the themes dealt with were consulted, allowing us that the relevant reasoning infringes the duty to justify the decisions, since it is not used only to relate the reasons of other procedural acts with the decision.

Keywords

• article 489 of the cpc
• criminal proceedings
• duty for the decisions reasoning
• reasoning per relationem
• limitation to jurisdictional activity