O juiz-historiador e o novo Código de Processo CivilRePro - Revista de Processo (2016)
This article aims to question the argument that the new Civil Procedure Code abolished the figure of the historian-judge, thesis which is defended by Benedito Filho, who is a member of the Commission of Jurists of the Senate that prepared the draft of such code. To reach this purpose, this article displays a bibliographic research about the intellectual production of Benedito Filho, the reflections of Italian writers who foremost discussed the issue about the historian-judge and some innovations proposed by the new Code. At last, the conclusion was that the thesis which was analyzed proceeds partially; after all, although the new Code has weakened the figure of the judge as a mere historian of the will of the law, it has strengthened the figure of the judge on the accuracy of sources and on the narrative of probable.
Publication DateJune, 2016
Citation InformationDouglas Antônio Rocha Pinheiro. "O juiz-historiador e o novo Código de Processo Civil" RePro - Revista de Processo Vol. 256 (2016) p. 413 - 438 ISSN: 0100-1981
Available at: http://works.bepress.com/douglas_pinheiro/11/