DUTY TO STATE REASONS AND PRECEDENTS IN THE NEW CPC: AN ANALYSIS IN THE LIGHT OF THE CONSTITUTIONAL MODEL OF PROCESS

• Published in: Revista eletrônica do Curso de Direito da UFSM Vol. 13; no. 2; pp. 554 - 576
• Main Authors: Marcelo Negri Soares, Monica Bonetti Couto, Jessica Chaves Costa
• Format: Journal Article
• Language: Portuguese
• Published: Universidade Federal de Santa Maria 01.08.2018
• Subjects: fundamentação; modelo constitucional de processo; novo cpc; precedentes
• ISSN: 1981-3694; 1981-3694
• DOI: 10.5902/1981369429302

This paper aims to combine the rules of state reasons imposed by the New CPC with the systematic of judicial precedents, based on the paradigms of the new constitutional model of process. To do so, we analyze the fundamentals used by the ordinary legislator for the construction of the dynamics of precedents set out in the new diploma. In addition, the differences between the concept of precedent and its similar legal terms stand out. In the same step, we study the essential elements that make up the precedent, by separating the ratio decidendi and obtaining dicta. Finally, a brief study of the duty of justification is carried out, concluding that this duty, which is a constitutional postulate, is presented as an ethical and legitimating imperative of the jurisdictional action, observing its extreme relevance for the process of formation of the judicial precedent. The research adopts the deductive method of approach. The type of research is documentary and bibliographical, from the content of books and scientific articles.