Supreme Federal Court

Principles of the advertising of the procedural acts This is a characteristic of the Democratic State of Right that to advertising of the acts of the Judiciary Power, tries to exert control on the arbitrary acts. This relating I begin was displayed by two times in the Constitution, in art. 5 interpolated proposition LX and in 93 article interpolated proposition IX: Art. 93. Complementary law, of initiative of the Supreme Federal Court, will make use on the Statute of the Magistracy, observed the following principles: IX – all the judgments of the agencies of the Judiciary Power will be public, and based all the decisions, duly warned nullity, being able the law to limit the presence, in definitive acts, to the proper parts and its lawyers, or only to these, in cases in which the preservation of the right to the privacy of the interested party in the secrecy does not harm the public interest to the information; LX – the law alone will be able to restrict the advertising of the procedural acts when the defense of the privacy or the social interest demanding I begin of the Double Degree of Jurisdiction It has much controversy in the doctrine on the related principle. Some understand to deal with an implicit principle in the Constitution, and others, in the contrary direction, consider the cited principle as express in the Letter Biggest.

As already we cite previously in the Democratic State of Right does not have the possibility of that arbitrary acts are practised without the existence of legal remedies to impugnate them. It is inconceivable to imagine act power to decide of the judge who can harm a right or an interest of the part, and this cannot appeal of the decision. Therefore, the constitutional principle of the double degree of jurisdiction, despite of implicit form or not, it guarantees to the litigant the possibility to submit to the reexame of the decisions pronounced in first degree, since that taken care of the requirements foreseen in law. I begin of the Motivation of Sentences The Constitution imposes to the magistrates the duty of motivation of its decisions, form to externar to the parts and to all the society the reasons of its persuation, the interpretation of the law to the case concrete. Equally the beginning of the advertising of the procedural acts, this I also begin is displayed in article 93, interpolated proposition IX of the Constitution. To motivate all the decisions means to base them, to explain the reasons in fact and of right that implies in the persuation of the judge, having this substantial recital to be and not mere formal. In short, the motivated decision points the agreement of the reasons of the judge, who is impartial, and thus becomes this decision, being that such principle in true inherent guarantee to the Rule of law consists.