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Uma Visão Sobre Os Precedentes Judiciais E Sua Eficácia No Sistema Brasileiro Atual
| Content Provider | Semantic Scholar |
|---|---|
| Author | Stança, Fernanda Molina De Carvalho Silva, Nelson F. |
| Copyright Year | 2016 |
| Abstract | The purpose of this article is to investigate the importance of the binding force of judicial precedents in Brazilian law, as with the modifications brought to the effect of the new Civil Procedure Code (Law no 13.105/2015), in force since March 18, 2016 undeniably brought reflexes and radiate in all other areas of law, and especially with regard to the issue of judicial precedent, it will be necessary to re-read, for what we notice is the extension of the binding character of judicial precedents, perfecting your forecast and the duty of motivation of judicial decisions, to combat arbitrariness and contribute to achieving uniformity and stability of jurisprudence. It elaborates on the first operation of this judicial precedent system, concepts and applications. There is, still, as a starting point the principle of normative force of the Constitution, sought to demonstrate that the analysis of this work also deals with the recognition of the linkage of the reasons for deciding set by higher courts. Finally, it will be described some other arguments for and against recognition of this link, with a view to expanding the constitutional court and the enhancement of fundamental rights. |
| Starting Page | 72 |
| Ending Page | 87 |
| Page Count | 16 |
| File Format | PDF HTM / HTML |
| DOI | 10.26729/et.v15i0.1677 |
| Volume Number | 15 |
| Alternate Webpage(s) | http://revista.univem.edu.br/emtempo/article/download/1677/474 |
| Alternate Webpage(s) | https://doi.org/10.26729/et.v15i0.1677 |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
