A dissidência na Jurisdição Internacional para a formação da ratio decidendi: uma análise da legitimidade das decisões internacionais a partir do caso do Tribunal Militar Internacional para o Extremo Oriente
This work aims to analyse the importance of dissent to the International Jurisdiction with respect to the legitimacy of the collegiate decisions. It also has as its objective to examine if there is a relation between dissent and the shaping of rationes decidendi, as well as to evaluate in what way t...
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| Formato: | bachelorThesis |
| Idioma: | pt_BR |
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Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/51738 |
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| Resumo: | This work aims to analyse the importance of dissent to the International Jurisdiction with respect to the legitimacy of the collegiate decisions. It also has as its objective to examine if there is a relation between dissent and the shaping of rationes decidendi, as well as to evaluate in what way they must be extracted and if they have relevance to the international arena. For that, the work studied from the historic of acceptance of dissent by the International Court of Justice to its way of implementation e doctrine’s perceptions on the theme, asserting if Courts’ procedure would be more correct stem from the idea of the debate, corollary of democracy. After that, the current conception of ratio decidendi, its applicability on the International Jurisdiction and its impact on legal security and predictability were verified. Furthermore, the existence of a relation between dissent and ratio decidendi, as well as the need to construct consensus as of effective debates were ascertained. Lastly, the case of the International Military Tribunal for the Far East was inspected, so as to ponder whether the final decision was legitimate considering the conclusions made in each topic. The logical-deductive method was the used methodological procedure, with the research techniques of bibliographical review (with focus on specialised literature, scientific articles, academic works, analysis of International Treaties and Court Regulations), aside from case study to make conclusions on the necessity of a procedure specific to the dissent, in addition to a new method of extraction of ratio decidendi, finishing the work with the analysis of the legitimacy of the cited case. |
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