Do Dever De Fundamentar as Decisões Judiciais Sob O Prisma Constitucional E O Novo Código De Processo Civil

Abstract

The duty to justify judicial decisions is provided in art. 93, item IX, of the Federal Constitution of 1988, so that the judge must demonstrate the reasons that led him to proclaim a decision. Thus, the presentstudy intends to addressthe need for justification of judicial decisions, a requirement already enshrined in the Charter, which with the new civil procedural code, reaffirm this prerogative in the name of legal certainty. Based on bibliographical research, one can be concluded that the need for justification of judicial decisions, also foreseen in infraconstitutional legislation, is seen as one of the mechanisms to guarantee legal certainty,so that itseeks to confermore predictability and rationality.