Motivação fático-probatória da sentença penal: uma proposta racionalista

Abstract

This work proposes to present a structured model of criminal sentence motivation, based on the rationalist theory of evidence, through an indication of logical criteria on which the decision must be based and explicitly justified, with the requirement to contribute to the reduction of errors in the reconstruction of the historical fact, avoiding this being the result of intuitive, subjective or irrational choices. Starting from the conceptual bases of evidentiary activity and the obligation to motivate court decisions, with a focus on theories of evidence and argumentation theory, subsidies were also sought in the economic-behavioral analysis of law and in cognitive psychology, in order to identify possible relationships between behavior, evidence and motivation and indicated possible practices aimed at improving the justifying activity of the criminal judge, always bearing in mind that a demonstration of factual premises is inseparable from a fair decision.