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Os Precedentes Vinculantes No Novo Código De Processo Civil E Sua Relação Com a Independência Do Juiz
| Content Provider | Semantic Scholar |
|---|---|
| Author | Parrilha, Stéphanie De Paiva Gomes, Flávio Marcelo |
| Copyright Year | 2018 |
| Abstract | This study aims to analyze the main proposals of the Code of Civil Procedure in relation to the issue of binding precedents and their peculiarities. It is a study about the jurisdiction and analysis of the legal system of civil law and common law that seeks to emphasize their influence on the new code, and then to examine the powers and duties of the judge in the Brazilian legal system. With this, we proceed to undestanding of the characteristics of the precedents, their structure, functioning and the elements with the objective of verifying their legal applicability. A brief discussion will be given on precedents in kind and a consideration of the creative performance of judges today. Finally, a critical analysis will be carried out on the relationship of binding precedents and the independence of the judge to decide in the particular case. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | https://servicos.unitoledo.br/repositorio/bitstream/7574/1878/1/OS%20PRECEDENTES%20VINCULANTES%20NO%20NOVO%20C%C3%93DIGO%20DE%20PROCESSO%20CIVIL%20E%20SUA%20RELA%C3%87%C3%83O%20COM%20A%20INDEPEND%C3%8ANCIA%20DO%20JUIZ%20-%20ST%C3%89PHANIE%20DE%20PAIVA%20PARRILHA.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
