Uma perspectiva multidimensional para o direito humano à fundamentação das decisões judiciais e administrativas

Abstract

In the contemporary world, where agility in the provision of services is increasingly required, special emphasis has been placed on the Judiciary in resolving disputes. However, there has been a phenomenon of excessive standardization, in which, in order to achieve greater speed, decisions are shortened and simplified. Thus, a conflict arises between the duration of the process and its depth, related to the effectiveness of the contradictory principles and the duty to give reasons for decisions. This justifies researching the topic of the duty to give reasons, as it is an important guarantee of the process¿ depth. In this context, a research aims to examine the right to have reasons for judicial and administrative decisions in the light of the methodological premise of the multidimensionality of human rights. This premise suggests that human rights are interconnected in a single, indivisible set, with various aspects (dimensions). We test whether the right to have reasons for decisions presents these aspects. We aim to solve the following problem: what is the relationship between the duty to give reasons and human rights? We start from the hypothesis that the right to have reasons must be a human right, because it relates to other human rights through its dimensions. This is a qualitative research that adopts a phenomenological method for the formation of the premise, and a deductive one for its application. In an interdisciplinary approach, we consider elements from international law, history, philosophy, constitutional law, civil procedural law and criminal procedural law. Bibliographic and documentary research is used to collect data. In the end, we intend to offer practical application to this work, by presenting a critique of Brazilian practice on this topic, based on the paradigm built in the research.