THE PRINCIPLE OF MOTIVATED FREE PERSUASION BASEAD ON OBSERVANCE FROM JUDICIAL PRECEDENTS FOUNDED BY THE CIVIL CODE IN CIVIL SUIT

Abstract

In this present article is researched to find the principle about the actual position of Motivated Free Persuasion in front of the binding to judicial precedents provided for and in the Civil Procedure Code. Therefore, promotes the analysis of guiding principles related to the civil procedure, among them the principle of Motivated Free Persuasion through the system of judicial precedents and its effects.The approach method is deductive and qualitative, and also based on bibliographic research since it was written through legislation studies, doctrines and judicial articles. In face of all doctrinal arguments, it is going to be verified by the Motived Free Persuasion, the freedom of the magistrate is restricted to the valuation of existing evidence of the case, always guided by the motivation and reasoning of its decision. Moreover. Against binding precedents, the liberty consists on the theoretiacal framework of the precedent to the case by the judgment may be able to push it away by destiny or overcoming, it will not be acceptable that similiar cases have divergent decisions, and in different cases, identical decisions, putting at risk the effectiveness of the precedent system violating the guidlines of the Democratic State of Law.