Name: VITOR CARVALHO BARBOSA

Publication date: 27/04/2018
Advisor:

Name	Role
TÁREK MOYSES MOUSSALLEM	Advisor *

Examining board:

Name	Role
MARCELO ABELHA RODRIGUES	Internal Examiner *
TÁREK MOYSES MOUSSALLEM	Advisor *

Summary: The reasoning of judicial decisions is extremely important for law as a means of objective and subjective control of the values inserted in the legal system. Deciding is an act of creation, prepared by the magistrate, after the development of the legal process. The judge will take cognizance of the facts and construct the legal norm for the case, guaranteeing the incidence of the effects foreseen in the ordinance, based on the interpretation of the prescriptive statements. Inherent in carrying out the task of judging is the influence of personal values, of exegesis, which permeates the normative structure of law. This judging procedure demonstrates that law is immersed in values, since the judge is inserted in a cultural universe from which he can not detach himself. However, this characteristic, in itself, does not depart from the closed organization of positive law. As a rule, the normative structure is independent of the environment and does not allow internal information to change its composition. In spite of this, law maintains a close relationship with its surroundings, due to its semantic and pragmatic openness. Such particularity allows it to be logically stable, while at the same time adapting to social changes. This openness is manifested in the normative incidence, since when the legal norm is constructed, the magistrate will have to make the prescriptive statements more flexible, in order to adapt them to an empirical reality. It is at this point that the judicial reasoning is important, because, in order for this adequacy to occur, the judge can not distort positive law, acting arbitrarily. The control of their acts is essential so that these influences do not take inadequate proportions, that undermine the normative structure. One of the ways to protect the value load of judicial decisions is through motivation. Through it, one can develop elements of contention of the decision acts, controlling the values of the interpreter. In addition, the justification will also help in legitimizing the reasons given by the magistrate in the process. This research was elaborated with an explanatory approach, in order to identify how the Brazilian model deals with the control of judicial acts, mainly due to the interpretative semantic opening of its legal system, especially by the analysis of art. 489, paragraph 1, of the Civil Procedure Code.

Keywords: Judicial decision. Normative effect. Positive law system. Legal hermeneutics. Rationale. Control of judicial acts.

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