A fundamentação das decisões judiciais à luz do código de processo civil de 2015 e sua eficácia na garantia do acesso à justiça

Abstract

This paper aims to address procedural and constitutional aspects related to the legal foundation of judicial decisions. The Code of Civil Procedure of 2015 gives numerous instruments that enable effective access to justice, among which stands out the wide range of requirements related to judicial decisions. Faced with the need to be judged with greater effectiveness and applicability in the life of the litigants, it is essential to study this instrument through the analysis of the fundamental points of the procedural alteration brought by Article 489 of the Code of Civil Procedure, in opposition to the situations that occur in the judicial practice, consequently, drawing a line of reasoning able to demonstrate to the applicators of the right the tool that they came to dispose through the new procedural order in force, which has the essential point the search for access to the justice that is accessible to all and which has practical effects in the life of the litigants.