DA FUNDAMENTAÇÃO DAS DECISÕES E TEORIA DA ARGUMENTAÇÃO JURÍDICA À DINAMIZAÇÃO DO ÔNUS DA PROVA: O CPC/2015 E A BUSCA DE UM PROCESSO CONSTITUCIONALIZADO.

The article aims to analyze the duty and right to justify judicial decisions, in which the theory of legal argumentation contributes in this point, as well as the system of burden of proof's distribution brought by CPC/2015, as ways to ensure the constitutional guarantee an adequate and effective judicial protection. Through the deductive method, it was found that the judge must legitimize his arguments, granting material isonomy to the litigants in what concerns to the evidential production, guiding the process on procedural cooperation. The research contributes in Constitutional Law, Human and Fundamental Rights, General Process Theory and Civil Procedural Law. [ABSTRACT FROM AUTHOR]