Thoughts about the consequences of unmotivated judicial decisions

Abstract

The motivation of judicial decisions consists of one of the essential precepts of the Democratic Rule of Law, which, in Brazil, is provided for the art. 93, IX, of the Federal Constitution of 1988. Reflecting the dictates defined by the Magna Carta, the Code of Civil Procedure established, in its art. 489, § 1, hypotheses in which a judicial decision is not considered to be well motivated. In this context, the research makes possible reflections, in the field of nullity theories, about what would be the consequences of an unmotivated judicial decision, with special emphasis on pragmatic aspects of the issue. The research uses a qualitative approach to achieve descriptive objectives. Thus, the research methods used correspond to bibliographic and documental research. In the context of the discussions, two divergent theoretical currents were presented on the subject, especially with regard to the concept of nullity or non-existence of the decision. Finally, in conclusion, it is evident that, in the theoretical aspect, one should declare the non-existence of the unsubstantiated judicial decision. However, in pragmatic terms, the aforementioned position becomes complicated to adopt, which is why the position on the nullity of the decision-making pronouncement is understood.