Revista Eletrônica de Direito Processual (Apr 2018)

STATEMENT OF RATIONALE: NOTES ON ITS CONTENT, HISTORY AND SOME CONTRADICTIONS OF THE CPC/15

  • José Roberto Sotero de Mello Porto,
  • Leonardo Faria Schenk

DOI
https://doi.org/10.12957/redp.2018.33465
Journal volume & issue
Vol. 19, no. 1
pp. 193 – 213

Abstract

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This article aims to analyze the content of the statement of rationale principle on judicial decisions, bringing a brief historical evolution in the Brazilian juridical order and foreign law panorama. Subsequently, its level of exigency in the new Civil Procedure Code is exposed and contradictions possibly arising from the application of the “causa madura” theory in the appeal against a null sentence for lack of statement of rationale (article 1.013 §3).

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