A VERDADE DOS FATOS NÃO FAZ COISA JULGADA (ARTIGO 504, II, DO CÓDIGO DE PROCESSO CIVIL): O ESTABELECIMENTO DA VERDADE NA LINGUAGEM JURÍDICA
Esse texto trata da verdade do artigo 504, II, do Código de Processo Civil, debaixo de uma perspectiva realista (realismo filosófico e jurídico). O debate circunda o questionamento acerca de qual tipo de verdade se estaria tratando no mencionado artigo: verdade da lógica clássica meramente dedutiva ou alguma outra espécie de verdade diferenciada. O texto explora a verdade diante da concepção do sistema de direito da common law e civil law, adentrando na problemática de produção de provas no processo judicial e de o fundamento da decisão judicial poder ser ou não formado a partir de premissas meramente retóricas ou de premissas que de alguma forma sirvam para verificar a ocorrência de eventos no tecido da realidade social. O texto contém ponderações acerca da utilização do método abdutivo de Charles Sanders Peirce como possível solução a impedir a formação de verdades retóricas nos processos judiciais, as quais são produtos de um reino da lógica independente do domínio empírico. O texto aponta para a alternativa de interpretar o artigo 504, II, do Código de Processo Civil, à luz de uma modelo que correlacione a verdade jurídica do processo judicial com alguma porção dos eventos ocorridos no mundo físico adjacente, diante de uma possível aproximação que possa haver entre a crença jurídica alcançada por uma mente jurídica ou grupo de mentes jurídicas com a textura da realidade concreta.
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