O dever de fundamentação qualificada como requisito para postulação nas demandas que envolvem o poder público, em face da Lei nº 13.655/2018

Abstract

The present research aims to analyze how the legislative changes undertaken in LINDB, by Law No. 13.655/2018, affect the duties of reasoning of the judicial decision, as well as the role of the parties in the construction of the justification of the decision. It started from the observation that there is a crisis of rationality of the Law that reflects in the judicial decision, by several factors, and that gives rise to a decision-making environment that provides judicial discretion. Thus, the evolution of the theme was verified, specifying the development of decision-making in the country, as well as the impact of legislative changes, such as the Civil Procedure Code of 2015 and those added by Law No. 13.655/2018, in LINDB. Finally, it investigates the possibility of inserting the consequentialist criterion in the calibration of the judicial decision, which affects the judge's duty of reasoning and, similarly, the burdens and duties of the author and the defendant in the postulation against the Public Power. The methodological option was for an exploratory and descriptive research, which resorted to the analysis of the bibliographic review and document analysis, given the need to investigate sources of a theoretical nature and legal documents.