LEGAL EFFECTS OF THE USE OF UNFOUNDED OR DECONTEXTUALIZED ABSTRACTS IN JUDICIAL DECISIONS

Abstract

After the reform of the civil process code, great privilege was given to the system of precedents, so that they began to take on greater protagonism within the brazilian legal system, previously crearly inlfuenced on a larger scale by the civil law system. Such modification is based, among other reasons, at the observation of international experience in respect of previously taken decisions, providing coherence to the system, however, there is na increasing tendency for the judiciary to observe only the abstracts instead of the judgement as a whole, which causes a series of problems. Using this background problem, as well as the theory of “sentences without text” by the French linguist Dominique Maingueneau, the objective, through the use of interdisciplinarity, is to present a method capable of demonstrating how the use of abstracts can be harmful to the judiciary as a whole, as well as presenting solutions for such a pragmatic situation. As a method, qualitative research was used, alongside the hypothetical-deductive method and bibliographical research, concluding that the use of a abstract within a judgement in an unfounded way is null, while the judgement that uses an abstractementa in a decontextualized way is voidable.