Monografia

Análise crítica ao modelo de precedentes judiciais adotado pelo Código de Processo Civil Brasileiro

The Brazilian legal system is based on the legal model of tradition of civil law, this legal system adopts the law as the main source of law. However, since the 1988 Constitution there has been a clear approximation of the common law model. In this sense, the current Code of Civil Procedure inserted...

ver descrição completa

Autor principal: Lima, Carolina Americo de
Grau: Monografia
Idioma: pt_BR
Publicado em: Universidade Federal do Tocantins 2020
Assuntos:
Acesso em linha: http://hdl.handle.net/11612/1808
Resumo:
The Brazilian legal system is based on the legal model of tradition of civil law, this legal system adopts the law as the main source of law. However, since the 1988 Constitution there has been a clear approximation of the common law model. In this sense, the current Code of Civil Procedure inserted in its text the institute of judicial precedents, a theme that has generated much debate in the legal community. In order to ensure legal certainty and procedure speed, this technique was introduced into Brazilian law at the expense of fundamental rights violations as important as the reasonable length of the process and the safety of court decisions. This paper aims to elaborate a critical analysis of this technique of standardization of jurisprudence incorporated in Brazilian forensic practice, striving for respect for the values defended by the Federal Constitution and respecting the principles of the Code of Civil Procedure. For the proper understanding of the theme it was used bibliographic works, besides the documentary study of the legislation in force in the country.