A superação do paradigma da fundamentação suficiente das decisões judiciais com a entrada em vigor do Código de Processo Civil de 2015

Abstract

The present article is an investigation on the paradigms of the reasoning of the judicial decisions, their validity in the 1973 Code of Procedure and their possible overcoming with the entry into force of the Code of Civil Procedure of 2015. It will start from the paradigm concept. Coined by the American author Thomas Kuhn, giving a brief presentation of his theory. It presents the constitutional reason for the reasoning of judicial decisions. Inserted in this entire context, it investigates the paradigm of judicial reasoning in the revoked legislation, presents the new reasoning systematics and concludes by answering the problem of the question stating that, with the entry into force of the new procedural legislation, there was a change in the reasoning paradigm sufficient for exhaustive reasoning.