O CÓDIGO DE PROCESSO CIVIL NA FORMAÇÃO DOS PRECEDENTES NO BRASIL

True precedent, the result of a scientific method of judgment, is adopted in countries with the Common Law legal system, which is based on customs. In line with global concepts that seek to converge the two main legal systems in the world – Common Law and Civil Law –, the Brazilian legislator included the use of precedents in article 926 of the 2015 Code of Civil Procedure. The objective is to promote legal certainty, standardize judicial decisions, reduce litigation and increase the credibility and efficiency of the Brazilian justice system. However, due to other provisions included in the Code of Civil Procedure and the divergent interpretation of the Judiciary in relation to the adopted system, Brazilian precedents have not yet fully achieved this purpose, requiring further study and possible adjustments by legal practitioners and the Legislature, whose intention is to discourage litigation.

Authors

Publication Details

Journal
Revista fisio&terapia.
Published
2024-11-05
DOI
https://doi.org/10.69849/revistaft/fa10202411052333
Primary Topic
Brazilian Legal Issues
Type
article
Field-Weighted Citation Impact
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article

O CÓDIGO DE PROCESSO CIVIL NA FORMAÇÃO DOS PRECEDENTES NO BRASIL

Isabel Cristina Arriel de Queiroz
Revista fisio&terapia.
Brazilian Legal Issues
article

O CÓDIGO DE PROCESSO CIVIL NA FORMAÇÃO DOS PRECEDENTES NO BRASIL

Isabel Cristina Arriel de Queiroz
article en

Abstract

True precedent, the result of a scientific method of judgment, is adopted in countries with the Common Law legal system, which is based on customs. In line with global concepts that seek to converge the two main legal systems in the world – Common Law and Civil Law –, the Brazilian legislator included the use of precedents in article 926 of the 2015 Code of Civil Procedure. The objective is to promote legal certainty, standardize judicial decisions, reduce litigation and increase the credibility and efficiency of the Brazilian justice system. However, due to other provisions included in the Code of Civil Procedure and the divergent interpretation of the Judiciary in relation to the adopted system, Brazilian precedents have not yet fully achieved this purpose, requiring further study and possible adjustments by legal practitioners and the Legislature, whose intention is to discourage litigation.

Revista fisio&terapia.Vol. 29(140)
Peace, Justice and strong institutions
Openalex Percentile: Top 64%
Brazilian Legal Issues
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