Judicial precedents and repeat demands

Authors

Leonardo da Cruz Marques

Keywords:

civil law, common law, repetitive claims resolution incident, judicial precedents

Synopsis

Each country has a legal system that has the bias of disciplining laws and the ways in which they are applied. This legal system allows the legislative structure of a country to have rules, which must be followed and respected, with the risk of its non-compliance, resulting in sanctions for the offender. Civil Law as its name says is guided by the legislation in force in Brazil, that is, legal decisions are taken taking into account what the law determines. The case presented for a trial will be interpreted in the light of the law that governs that particular subject. Although in Brazil the civil law system is applied, in some cases a strand of the common law system is noticeable, as in the cases of decisions handed down by the STF, which has acquired a major role in the Brazilian judiciary. The precedents are nothing more than the decisions taken in a court, by a collegiate body, becoming a jurisprudence, which is analyzed with the case and has the bias of being used to corroborate a certain matter. Before talking a little more about the technique of distinction, it is necessary to point out that the precedent system was a novelty implemented by the Civil Procedure Code that came into force in 2015. Therefore, in the event of factual or legal conformities, the magistrate will be able to make use of the paradigm. The incident of resolution of repetitive demands was articulated as a mechanism to reorganize the Brazilian civil process, in view of the urgency to obtain uniform results in the mass causes, that is, aiming at the speed in the judicial processes.

References

MARQUES, Leonardo da Cruz. Precedentes judiciais e demandas repetitivas. 2021. 15f. Artigo (Graduação em Direito) – Faculdade Minas Gerais, Belo Horizonte, 2021.

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Published

June 16, 2021