A valoração do argumento suscitado pelo amicus curiae à luz da teoria da argumentação jurídica de Robert Alexy

Abstract

This work aims to verify the value of the argument brought to the process through the intervention of the amicus curiae¸ as well as the way in which it is faced by the judge in the formation of his conviction and, therefore, in the judicial decision pronounced. In the first place, the institute of the amicus curiae itself was presented briefly, with its conceptualization and necessary requirements, historical analysis and application in the civil process. In addition, such a modality of intervention was related to the theory of the legal argumentation of Robert Alexy, in order to verify the value of the argument raised by the amicus curiae. From this, the legal gap has been identified as to the explanation of such value in rule provided for in the Code, as well as the way the argument is confronted by the judge. Finally, through the systemic application of the CPC, it has been shown that it is possible to extract from the norms already laid down in the legal diploma the idea that the arguments must be expressly debated in the decision given, in the light of the principles of the adversary and the duty to state reasons of judicial decisions.