(IR) RATIONALITY IN THE JUSTIFICATION OF JUDICIAL DECISIONS AS A DETERMINING FACTOR FOR THE IDENTIFICATION OF THE BINDING PRECEDENT

The study seeks to analyze the relevance of identifying the ratio decidendi in the application of the judicial precedent, presenting the difficulty in carrying out this task, in the face of the lack of argumentative rationality in the decisions handed down by Superior Courts. The reasoning will be demonstrated from the application of the argumentative analysis model proposed by Stephen Toulmin to the recent judgment given by the STF within the scope of extraordinary resource number 1.116.949 / PR.

Abstract licence: CC BY

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