NDLI: A motivação das decisões judiciais civis em um estado de direito: necessária proteção da segurança jurídica

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A motivação das decisões judiciais civis em um estado de direito: necessária proteção da segurança jurídica

Content Provider	Semantic Scholar
Author	Lucca, Rodrigo Ramina De
Copyright Year	2013
Abstract	RAMINA DE LUCCA, Rodrigo. Reasoned Judgments in the Rule of Law: realizing legal certainty. Master in Law. Law School. Universidade de São Paulo, 2013. This essay faces the role performed by obligatory reasoned judgments in the Rule of Law and its consequences to legal certainty and due process of law. Accepting a “thin” theory of the Rule of Law, the author intends to show, through the appointment of historical facts, that giving reasons for judgments is essential to control the jurisdictional activity and restrict the arbitrary power. Giving reasons, however, shall only attend its expected role if some exigencies are fulfilled, including: rationality, logical-argumentative structure and declaratory and retrospective nature of the reasons given. The author also explains that judgments may not be precedents if they are not reasoned; and following precedents is essential to assure legal certainty. Besides that, it is sustained that reasoned judgments generate legitimate expectations to the citizens that should be protected.
File Format	PDF HTM / HTML
DOI	10.11606/D.2.2013.tde-07102014-140135
Alternate Webpage(s)	https://teses.usp.br/teses/disponiveis/2/2137/tde-07102014-140135/publico/Dissertacao_integral_Rodrigo_Ramina_de_Lucca.pdf
Alternate Webpage(s)	https://doi.org/10.11606/D.2.2013.tde-07102014-140135
Language	English
Access Restriction	Open
Content Type	Text
Resource Type	Article

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