ELEMENTOS DA SENTENÇA | Relatório - Fundamentação - Dispositivo | Art. 489

Summary

In this video, the presenter dives into the essential elements of a sentence as outlined in Article 48 95 of the CPC, explaining the significance of the report, reasoning, and dispositive sections. The video explores the importance of each component, such as the report summarizing key details of the case, the mandatory reasoning behind the decision, and the dispositive section that determines the final judgment. Viewers also learn about exceptions to these elements, including cases in special courts. This educational content provides valuable insights for anyone studying legal procedures and judgment writing.

Takeaways

• 😀 The script discusses the elements of a judgment in Brazilian law, specifically the elements outlined in Article 489 of the Civil Procedure Code (CPC).
• 😀 Key components of a judgment include the report, reasoning, and dispositive sections, each playing a crucial role in ensuring a well-founded legal decision.
• 😀 The 'report' section functions as a summary of the case, including parties' names, case description, and main procedural actions, essential for the judge's understanding of the case.
• 😀 In certain cases, such as small claims courts or labor law summary procedures, the 'report' may be waived, as per exceptions in the law.
• 😀 The 'reasoning' section of the judgment is indispensable and must explain the legal reasoning behind the judge's decision, ensuring transparency and fairness.
• 😀 According to the Brazilian Constitution and the Civil Procedure Code, all legal decisions must be properly reasoned to guarantee that both the losing party and appellate courts understand the rationale behind a decision.
• 😀 Failure to provide adequate reasoning may lead to nullity, especially when the judge simply references legal norms without explaining their application to the case at hand.
• 😀 The script highlights several ways in which a judgment may lack proper reasoning, including using vague legal terms or generic justifications that do not address the specific case's facts.
• 😀 A critical aspect of reasoning is addressing all relevant arguments and providing sufficient justification for the decision. However, the law permits judges to use 'sufficient' reasoning, addressing only the key arguments.
• 😀 The 'dispositive' section is the final part of the judgment, which generates legal effects. A judgment is incomplete without it, and its absence is a serious error that can be corrected through appeals.
• 😀 The script concludes with the concept of a 'liquidated judgment,' where certain obligations are clearly defined in the decision, avoiding future ambiguity or delays in enforcement.

Q & A

What are the key elements that must be present in a judicial decision according to Article 489, §1 of the CPC?

The key elements that must be present in a judicial decision are the 'report', 'reasoning', and 'dispositive'. These elements ensure clarity and proper legal reasoning behind a decision.

What is the purpose of the 'report' in a judicial decision?

The report serves as a summary that includes the names of the parties, a brief description of the case, the main facts, and the requests made, as well as a description of the key procedural acts. It ensures that the judge demonstrates familiarity with the case.

Can the 'report' be omitted in any cases?

Yes, the report can be omitted in certain cases, such as in decisions made by special courts or in summary proceedings under specific legal provisions, like Article 38 of Law 9099/95 and Article 852 of the CLT.

What does the 'reasoning' of a decision entail?

The 'reasoning' involves the judge applying the law to the concrete facts of the case. It is a constitutional requirement and must be detailed enough for the parties to understand why the decision was made. It also ensures that appeals courts can properly review the decision.

What are some scenarios in which a decision is considered not to be properly reasoned?

A decision is not properly reasoned if it merely cites legal norms without explaining their application to the case, uses indeterminate legal concepts, or offers generic justifications that could apply to any case, among other issues.

What is the difference between a 'general clause' and an 'indeterminate legal concept' in the context of judicial reasoning?

A 'general clause' refers to a norm that is vague or open-ended, and the judge must clarify how it applies to the facts. An 'indeterminate legal concept' is a legal term that lacks a clear definition and requires the judge to specify its application in the specific case.

Why is the 'reasoning' crucial for the parties involved in the case?

The reasoning is important because it allows the losing party to understand the rationale behind their loss and helps them identify potential grounds for an appeal. It also serves as a basis for the appellate court to assess the legitimacy of the initial ruling.

What is a 'standard reasoning' in judicial decisions, and why is it problematic?

A 'standard reasoning' is a generic justification that could apply to any case, rather than addressing the specific details of the current case. This type of reasoning creates uncertainty and is considered improper, as it does not directly respond to the parties' arguments.

What is the significance of the 'dispositive' in a judicial decision?

The 'dispositive' is the conclusion of the decision, which defines the legal effect of the ruling, such as granting or denying the requested relief. Without the dispositive, a decision is considered legally non-existent.

What are 'liquid sentences' and when do they occur?

A 'liquid sentence' is one where the judge defines the obligation but leaves certain aspects, like the amount or specifics of compensation, to be determined later. This is often necessary when it's not possible to set the exact terms of the obligation at the time of the decision.