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All decisions must be supported by the magistrates, in accordance with the provisions of the Code of Civil Procedure. Otherwise, they may tip over.
Based on this principle, the judge Antônio Maria Rodrigues de Freitas Iserhard, of the Court of Justice of Rio Grande do Sul (TJ-RS), granted a court order in favor of the mayor of Porto Alegre, Nelson Marchezan Júnior.
The judge annulled the decision of his colleague and also judge Alexandre Mussoi Moreira, who suspended the precautionary measure that had paralyzed the prosecution process against the mayor.
According to Iserhard, Judge Moreira’s decision is based solely on the plaintiff’s arguments. In short, he simply copied the arguments of the prosecution. Thus, the judge determined that a new decision be made in the process, but this time duly justified.
“From the simple comparison of the appeal and the contested decision, it can be extracted that there is no reference to the use of the appellant’s motivation in the justification of the decision, as well as the addition of the judge’s own arguments to indicate his final conclusion, leaving only a few connectors have been changed ”, reads an excerpt from the decision.
The magistrate also points out that it is possible to verify in the process the liquid and true right of the petitioner of the writ of mandamus. “It is important to highlight that the judicial decision must derive from the logical reasoning of the judge, based on the elements of the minutes and arguments of the parties, although, although using the motivation technique ‘per Relationshipem’, another judge must expressly mention that the causes , opinions or any fundamental component of the pieces of the process, in addition to adding specific arguments to the decision, “he adds.
The Mayor of Porto Alegre, Nelson Marchezan Júnior is represented by Offices of BNZ Advogados Associados and Fischer & Harzheim Macedo Advogados.
Click here to read the decision
70084506567
0089015- 72.2020.8.21.7000 (CNJ)
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