open dyslexic mode

In a judgment under the repetitive appeals procedure (Topic 1,306), the Special Court of the Superior Court of Justice (STJ) established two theses on the use of reasoning by reference in judicial decisions:
1) The technique of reasoning by reference (per relationem) is permitted provided that the judge, when reproducing excerpts from a previous decision, document, and/or opinion as reasons for the decision, addresses, albeit succinctly, the new issues relevant to the judgment of the case, dispensing with the detailed analysis of each of the allegations or evidence.
2) The reproduction of the grounds of the appealed decision as reasons for the decision to deny the internal appeal, in the case of paragraph 3 of article 1,021 of the Code of Civil Procedure (CPC), is permitted when the party fails to present a new and relevant argument for consideration by the panel. According to the reporting judge for the repetitive case, Justice Luis Felipe Salomão, the requirement for judges to justify their convictions in their decisions corresponds to a fundamental right of the individual under the jurisdiction, provided for in the Federal Constitution (Article 93, Section IX), and is a consequence of the guarantee of due process.
The reporting judge explained that the duty to provide reasons is adequately met when the judge explains the factual and legal reasons for the decision. He recalled the list of essential elements of a judgment set forth in Article 489, paragraph 1, of the Code of Civil Procedure, as well as the circumstances set forth in the sole paragraph of Article 1,022, for decisions to be considered omitted.
The justice noted that the Supreme Federal Court (STF) has several precedents recognizing the validity of reasoning by reference, as does the Superior Court of Justice (STJ), which considers null and void "a decision that fails to address all the arguments presented in the proceedings that could, in theory, invalidate the conclusion reached by the judge." In this regard, he cited several precedents in which the court found violations of the Code of Civil Procedure in decisions that used this technique.
Source: STJ News.
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