文章基本信息

标题：O dever de fundamentao analítica no Processo Civil e as pontes com a teoria da argumentao jurídica
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作者：Maristela Aparecida Siqueira D Aviz ; José Miguel Garcia Medina
期刊名称：Research, Society and Development
电子版ISSN：2525-3409
出版年度：2022
卷号：11
期号：1
页码：1-16
DOI：10.33448/rsd-v11i1.24385
语种：English
出版社：Grupo de Pesquisa Metodologias em Ensino e Aprendizagem em Ciências
摘要：The present work is guided by the need to investigate the importance of theories of legal argumentation for the application of the duty of analytical reasoning formed by the governing norms of the Code of Civil Procedure, dogmatized by the concern to guarantee rationality to judicial decisions. Thus, starting from studies and bibliographical research, it finds the construction of a discussion that encompasses the concept of sentence in our contemporary paradigm of guardianship of rights, in the Democratic State, delimiting the legitimizing role of the Judiciary. Still, it addresses the formation of a duty of analytical reasoning, based on the duty of collaboration, as a meta-criterion of validity of the reasons justifying the court decision. In the end, it concludes for the importance of theories of argumentation, stating that the identification of the context of justification, outlined by its scholars, has contributed to dogmatics, meeting the concerns of rationality in arguments and, as a result, criteria of control and legal certainty.
关键词：Theory of law;Civil procedure;Judicial decision theory;Duty of analytical rationale;Theories of legal argumentation.