Reasoning of Judicial Decisions: A Perspective from the Democratic State

Abstract

This study examines the principle of reasoning in judicial decisions from the perspective of the Democratic State, considering its relevance to the structure of this model as a mechanism of both internal and external procedural control; the duty to provide reasoning is essential to ensure transparency and to enable the dissemination of information to society regarding the grounds relied upon by judges, thereby allowing for social oversight of public authorities; based on a review of the literature, the research is structured by first presenting a historical overview of the reasoning of judicial decisions, from Roman Law to contemporary developments at both the international and Brazilian levels, encompassing civil and criminal procedural aspects; it then addresses conceptual frameworks, objectives, functions, structure, requirements, and related principles; finally, it analyzes issues concerning the absence of reasoning or the presence of insufficient reasoning in judicial decisions.