Reflections on the procedural law: rationality and procedure

Abstract

In this work the author proposes to the attention of the procedural scholars, the rationality (internal and ex-ternal) that should govern the judicial procedure in order to transform it into an institution in which is not present the paradox, represented by the “res iudicata unfair”, of the separation between truth and binding nature of the Court’s decision, if not that reflects external criteria of justice through a rationally testable procedure, thus giving legitimacy and acceptability to the judicial decision.