THE DUTY TO GIVE REASONS AS A GUARANTEE FOR A FAIR TRIAL UNDER THE SIGHT OF THE EUROPEAN COURT OF HUMAN RIGHTS
This paper aims to define the outlines of the judicial duty to provide reasons for their decisions in its theoretical aspect - according to contemporary procedural knowledge -, as well as to establish its importance for the concretion of a fair trial. At the same time, the duty to give reasons will...
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| Format: | Article |
| Language: | English |
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Universidade do Estado do Rio de Janeiro
2015-06-01
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| Series: | Revista Eletrônica de Direito Processual |
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| Online Access: | https://www.e-publicacoes.uerj.br/index.php/redp/article/view/16877/12523 |
| _version_ | 1818572905092481024 |
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| author | Marcella Alves Mascarenhas Nardelli |
| author_facet | Marcella Alves Mascarenhas Nardelli |
| author_sort | Marcella Alves Mascarenhas Nardelli |
| collection | DOAJ |
| description | This paper aims to define the outlines of the judicial duty to provide reasons for their decisions in its theoretical aspect - according to contemporary procedural knowledge -, as well as to establish its importance for the concretion of a fair trial. At the same time, the duty to give reasons will be analyzed in a practical perspective according to the case-law of the European Court of Human Rights, with a special emphasis in the case Taxquet v. Belgium and its impact on Jury Trials. |
| first_indexed | 2024-12-15T00:03:53Z |
| format | Article |
| id | doaj.art-01a26eb510674345b1ba29a0ea6471c5 |
| institution | Directory Open Access Journal |
| issn | 1982-7636 |
| language | English |
| last_indexed | 2024-12-15T00:03:53Z |
| publishDate | 2015-06-01 |
| publisher | Universidade do Estado do Rio de Janeiro |
| record_format | Article |
| series | Revista Eletrônica de Direito Processual |
| spelling | doaj.art-01a26eb510674345b1ba29a0ea6471c52022-12-21T22:42:48ZengUniversidade do Estado do Rio de JaneiroRevista Eletrônica de Direito Processual1982-76362015-06-011515349376https://doi.org/10.12957/redp.2015.16877THE DUTY TO GIVE REASONS AS A GUARANTEE FOR A FAIR TRIAL UNDER THE SIGHT OF THE EUROPEAN COURT OF HUMAN RIGHTSMarcella Alves Mascarenhas Nardelli 0Universidade Federal de Juiz de Fora/MG (UFJF)This paper aims to define the outlines of the judicial duty to provide reasons for their decisions in its theoretical aspect - according to contemporary procedural knowledge -, as well as to establish its importance for the concretion of a fair trial. At the same time, the duty to give reasons will be analyzed in a practical perspective according to the case-law of the European Court of Human Rights, with a special emphasis in the case Taxquet v. Belgium and its impact on Jury Trials.https://www.e-publicacoes.uerj.br/index.php/redp/article/view/16877/12523judicial duty to give reasonsfair trialeuropean convention of human rightstrial by jury |
| spellingShingle | Marcella Alves Mascarenhas Nardelli THE DUTY TO GIVE REASONS AS A GUARANTEE FOR A FAIR TRIAL UNDER THE SIGHT OF THE EUROPEAN COURT OF HUMAN RIGHTS Revista Eletrônica de Direito Processual judicial duty to give reasons fair trial european convention of human rights trial by jury |
| title | THE DUTY TO GIVE REASONS AS A GUARANTEE FOR A FAIR TRIAL UNDER THE SIGHT OF THE EUROPEAN COURT OF HUMAN RIGHTS |
| title_full | THE DUTY TO GIVE REASONS AS A GUARANTEE FOR A FAIR TRIAL UNDER THE SIGHT OF THE EUROPEAN COURT OF HUMAN RIGHTS |
| title_fullStr | THE DUTY TO GIVE REASONS AS A GUARANTEE FOR A FAIR TRIAL UNDER THE SIGHT OF THE EUROPEAN COURT OF HUMAN RIGHTS |
| title_full_unstemmed | THE DUTY TO GIVE REASONS AS A GUARANTEE FOR A FAIR TRIAL UNDER THE SIGHT OF THE EUROPEAN COURT OF HUMAN RIGHTS |
| title_short | THE DUTY TO GIVE REASONS AS A GUARANTEE FOR A FAIR TRIAL UNDER THE SIGHT OF THE EUROPEAN COURT OF HUMAN RIGHTS |
| title_sort | duty to give reasons as a guarantee for a fair trial under the sight of the european court of human rights |
| topic | judicial duty to give reasons fair trial european convention of human rights trial by jury |
| url | https://www.e-publicacoes.uerj.br/index.php/redp/article/view/16877/12523 |
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