NOVO CÓDIGO DE PROCESSO CIVIL E FUNDAMENTAÇÃO DA DECISÃO JUDICIAL: HORIZONTES ARGUMENTATIVO E HERMENÊUTICO / NEW PROCEDURAL CIVIL CODE AND RATIONALE OF JUDICIAL DECISIONS: ARGUMENTATIVE AND HERMENEUTIC HORIZONS

The research aims to point out and discuss two specific problems involving the time of the court decision and relate them to the New Civil Procedure Code (NCPC) devices. The lack of reasons for decisions, with regard to the absence of justification in the formation of the reasons to decide, and the lack of integrity and consistency in legal phenomenon, represented by the emergence of concepts and different responses to the jurisdictional institutes and demands are or not overcomed with the precepts brought by the New Code of Civil Procedure? It demonstrates that the NCPC rationalize and qualify the concept of decision presented in the article. 93, IX of the Constitution to help raise judicial law institutes - overviews and unprecedented - to post-positivist paradigm able to make them act as catalysts of integrity and consistency in the interpretation/application of the legal phenomenon