Université de Montréal - Thèse sous forme numérique

164Answer:Question 3:Answer:The appellant, i.e. the judge working in the low instance court,requests permission to not judge the case.What is the legal principle involved?The principle of the impartiality of judges according to which alljudges involved in the case must act objectively and base theirdecisions without personal bias or preconceived ideas on the matterand persons involved and without promoting the interests of any oneof the parties.The second thematic part of the acórdão, called fundamentos, presents the analysisperformed by the judges concerning the factual and legal issues described in the relatório.The logical basis of the decision and the reasons that determine the decision of the judgesare declared here. Taking the same acórdão as an example, the following questions areraised in this section:Question 1:Answer:Question 2:Answer:Question3:Answer:What are the factual grounds for the decision?The appellant is friends with the brother of the appellant in the casehe requests to not intervene but he is not friends with the appellanthimself.What are the legal grounds for the decision?The Code of Civil Procedure states that a judge should not participatein a law suit if there is serious suspicion that he or she may not beimpartial. Reasonable suspicion is evaluated based on objective andsubjective grounds.How do the legal grounds apply to the factual grounds?There is no objective circumstance that may affect the appellant‘simpartiality as a judge, because he does not know personally theappellant in the law suit. There is no subjective circumstance thatmay affect the appellant‘s impartiality as a judge, because he has nopersonal interest in the case.