LEGITIMAÇÃO, PROCEDIMENTO E FUNDAMENTAÇÃO DAS DECISÕES  JUDICIAIS

This academic article intends to analyze the relation between Niklas Luhmann's theory of Legitimation by procedure and the need to substantiate judicial decisions, in order to answer whether judicial substantiation is a requirement for legitimation in Niklas Luhmann's systems theory and in accordance with the Brazilian legal system (also from a procedural perspective). To facilitate reading and understanding, some definitions regarding the concepts used by the German author in his work will be briefly provided throughout the text, which will certainly help the reader to understand the proposal and conclusions of this article.