文章基本信息

标题：Fundamentao das decises judiciais, consequencialismo e pandemia
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作者：Natan Galves Santana ; Letícia Bianca Pinheiro ; José Miguel Garcia Medina 等
期刊名称：Research, Society and Development
电子版ISSN：2525-3409
出版年度：2021
卷号：10
期号：9
页码：1-12
DOI：10.33448/rsd-v10i9.18234
语种：English
出版社：Grupo de Pesquisa Metodologias em Ensino e Aprendizagem em Ciências
摘要：This study seeks to address the duty of reasoning in court decisions in its broad sense (motivation and justification), such as access to the Democratic Rule of Law and legal security, as well as addressing consequentialism, as it has been treated in Brazilian law and the dangers of reasons based on moral arguments. It is noteworthy that every reasoning should analyse the social bias and how the decision will affect society as a whole. For this, it will list the objectives of these institutes in procedural law from the perspective of a contemporary and constantly changing society. It is noteworthy that with the Covid-19 pandemic that devastates the country, this issue has gained more space, considering that there was an increase in decisions based on moral arguments that aim to decide in favor of collective well-being. Therefore, it lists which negative and positive results a consequentialist decision has implications for society. The present work, the deductive methodology was chosen, with bibliographical research on doctrines, infra-constitutional and constitutional legislation, in addition to analysing the decisions of the Courts.
关键词：Consequentialism;Judicial reasoning;Motivation.