O dever de motivação das decisões e a constitucionalização do processo

Abstract

This article aims to understand the motivation of judicial decisions from the perspective of the constitutionalization of the process, emphasizing the contribution of the 2015 Code of Civil Procedure in the reformulation of the duty to motivate decisions. The process of constitutionalizing the process defends the study of procedural law in line with constitutional rights and guarantees, among which is the principle of motivation of decisions. The previous procedural diploma gave the magistrate an “unlimited freedom” in the motivation of decisions, which was not compatible with the guidelines of the Democratic State. With the advent of CPC / 15, the jurisdictional activity started to be based on rational motivation, where the reasoning of the decisions will be limited to the elements produced in the records, removing the solipcist judgment and linking the magistrate to those elements. The work is divided into three parts, initially, theoretical concepts about the constitutional model of process will be addressed, then considerations will be made regarding the principle of motivation and, finally, changes in the duty to motivate judicial decisions will be analyzed with the entry into force of CPC / 15.