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Article
O juiz-historiador e o novo Código de Processo Civil
RePro - Revista de Processo (2016)
  • Douglas Antônio Rocha Pinheiro
Abstract
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.
Keywords
  • Historian-judge,
  • procedure,
  • ideology
Disciplines
Publication Date
June, 2016
Citation Information
Douglas 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/