The Law Journal Revista da Faculdade de Direito da UFPR has published an article by Antônio Manuel Hespanha and Walter Guandalini Jr. on "The motivation of appeal decisions in the first decades of the Brazilian and Portuguese Supreme Courts of Justice (1834-1866)". This is probably one of the last articles from prof. Hespanha, who sadly passed away in 1 July 2019.
A motivação das sentenças de revista nas primeiras décadas dos Supremos Tribunais de Justiça no Brasil e em Portugal (1834-1866)
In this study, a comparative analysis of the motivations in appeal decisions by the Supreme Courts of Justice inBrazil and Portugal in the second half of the nineteenth centuryis carried out. It begins by historically contextualizingthe doctrinal understanding,in the legal the duty of motivation regarding sentences,showing yhat in pre-modern societies this duty was considered an accessory instrument, necessary only for the preservation of royal law. Then, the content analysis method was used to evaluate itsspecificities regarding the characteristics of the appeals (origin, matter, rationale) and of the recurrent parts (gender, social status). Correlations were identified between the applicants’characteristics, the matters contested and the typesof reasoning employed, and in the end it was possible to conclude that the decisions made during thisperiod maybe characterized as transitional jurisprudence, midway between the pluralistic reasoning of the oldregime and thelegalistic foundation typical of modernity.
More information:https://revistas.ufpr.br/direito/article/view/68498/40616
No comments:
Post a Comment