O PRINCÍPIO DA FUNDAMENTAÇÃO DAS DECISÕES JUDICIAIS À LUZ DO § 1º DO ARTIGO 489 DO CPC/15: UMA ANÁLISE CRÍTICA ENTRE UTOPIA E REALIDADE

The 2015 Code of Civil Procedure brought a historic milestone in the realisation of the principle of reasoning of judicial decisions, especially with the introduction of §1 of art. 489. This provision establishes objective parameters for the preparation of reasoned decisions, raising the quality of judicial provision and strengthening the Democratic Rule of Law. Although the principle of giving reasons for court decisions was already present in the 1988 Federal Constitution (art. 93, IX), the CPC/15 represented a qualitative leap in its application, as it reinforces its practice. Paragraph 1 of art. 489 lists various hypotheses in which the decision will be considered unfounded, giving greater clarity and predictability to the legal system. This article examines whether the aforementioned legal provision represents a utopia or a reality in the context of the Brazilian judiciary.