Judicial Decisions Motivation
Mostrando 1-3 de 3 artigos, teses e dissertações.
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1. Prova pericial no processo penal: motivação e controle das decisões judiciais / Expert evidence in criminal proceedings: motivation and control of judicial decisions
Taking as premises the conformation of the constitutional rule of law and procedural safeguards, this study is a contribution to the dicsussion about the use of expert evidence, its admissibility, and valuation control, at the Brazilian procedural system. The Democratic State imposes on its agents the motivation, not only of judgments, but of all the acts th
Publicado em: 2010
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2. A motivação das decisões penais a partir da teoria garantista
As it is known, the 1988 Federal Constitution, in its section 93, subheading IX, sets forth that all the trials of the Judiciary bodies shall be public and all the decisions shall be grounded, under the penalty of being deemed void. Hence, this paper intends to identify how the motivation must be created in order to conform to the constitution, and thus legi
Publicado em: 2007
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3. PERSUASÃO E ADMINISTRAÇÃO: POSSÍVEIS CONEXÕES ENTRE OS PARADIGMAS ARGUMENTATIVO E REGULATÓRIO NA REFORMA DO ESTADO BRASILEIRO / PERSUASION AND ADMINISTRATION: POSSIBLES CONEXIONS BETWEEN THE ARGUMENTATIVE AND REGULATORY PARADIGMS IN THE BRAZILIAN STATE REFORM
This dissertation analyse the relationships between the paradigms argumentative and regulatory in the context of the brazilian State reformation, since 1988`s Constitution. The argumentation theories development is related to the judicial methodology based on argumentative rationality, or in the Aristotelian forms, as proposed by Chaïm Perelman, or in the p
Publicado em: 2003