A motivação das decisões judiciais como fator de legitimação do processo em sua feição constitucional

Abstract

The study aims to demonstrate that the process should no longer be seen as a mere legal relationship, but as a true constitutional instrument for the realization of substantial rights, and in order that such end is met it is necessary to observe the related constitutional principles, specially the due process of law. As a result of the due process of law, the motivation of the judicial proceeding is a fundamental requirement to confer legitimacy to the judicial process. Therefore, the study of the principle of motivation within judicial decisions is conducted differently from traditional forms, them being the motivation as requisites of decision and as the element of viabilization of the right to appeal (aspects within the judicial proceeding), the motivation as the element which makes viable the supervision of the judicial proceedings by those jurisdictionally invested (aspects outside the judicial proceeding), or even motivation in the form of a syllogism which leads to a decision through a logical procedure. In summary, the study considers adequate motivation as the factor which legitimizes the judicial proceeding in it s constitutional form