Abstract

MADEIRA, Dhenis Cruz  and  PITTELLI, Murilo Policarpo. DIREITO COMPARADO: O JURAMENTO DECISÓRIO NO DIREITO ITALIANO E SUA (IN)COMPATIBILIDADE COM O MODELO CONSTITUCIONAL DE PROCESSO BRASILEIRO. Revista Internacional CONSINTER de Direito [online]. 2020, n.10, pp.497-532.  Epub June 30, 2020. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00010.25.

Abstract The goal of this paper is to present the legal device called Decisory Oath, as conceived by Italian Law, regarding its characteristics and operation, with a view to assess its compatibility with the Brazilian legal system. To do so, a bibliographic review will be performed, including applicable legal authors, jurisprudence and legal provisions from the system of origin. Subsequently, the Legal Oath will be historically contextualized, and the outlines of its operation within present Italian Law will be provided. Afterwards, it will be subject to comparison with Brazilian Law, through the lenses of the Democratic State governed by the Rule of Law along with the Due Process that follows,and the concept of Procedure formulated by Fazzalari, by means of which the central role played by Evidence in the logical iter that precedes a legal act shall be demonstrated, regarding the fulfillment of the demands of legitimacy and accountability, inherent to the concept Democratic Due Process.

Keywords : Comparative Law; Decisory Oath; Compatibility; Due Process; Democratic State Governed by the Rule of Law..

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