(DIS)SIMILARITIES BETWEEN THE FIGURE OF THE PRECEDENT IN THE COMMON LAW LEGAL TRADITION AND IN BRAZILIAN LAW
The main objective of this work is the establishment of a historicalconceptual distinction between the figure of precedent in the common law legal tradition, the environment in which it was conceived, and in Brazilian law, which was influenced by the legal tradition of civil law. The institute'...
| Main Authors: | , , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Universidade do Estado do Rio de Janeiro
2021-08-01
|
| Series: | Revista Eletrônica de Direito Processual |
| Subjects: | |
| Online Access: | https://www.e-publicacoes.uerj.br/index.php/redp/article/view/48065/37809 |
| _version_ | 1831672176234725376 |
|---|---|
| author | Flávio Quinaud Pedron Lucas Borges Santos José Emílio Medauar Ommati |
| author_facet | Flávio Quinaud Pedron Lucas Borges Santos José Emílio Medauar Ommati |
| author_sort | Flávio Quinaud Pedron |
| collection | DOAJ |
| description | The main objective of this work is the establishment of a historicalconceptual distinction between the figure of precedent in the common law legal tradition, the environment in which it was conceived, and in Brazilian law, which was influenced by the legal tradition of civil law. The institute's analysis in the context of the common law runs through its historical contextualization, primarily through the theories developed by Frederick Schauer, Cass Sunstein and Ronald Dworkin. In Brazilian law, we seek to understand the normative rule of the standard over time, especially in the area of civil procedural law. To do so, the research is developed from a legal-theoretical methodology, using bibliographical analyzes for the theoretical construction of the theme, with the scope of substantiating, in a substantial way, the specificities of the normative development conferred to the institute of the precedent in their legal traditions. |
| first_indexed | 2024-12-19T23:48:29Z |
| format | Article |
| id | doaj.art-5076f88b046a416e9b38e48386659b78 |
| institution | Directory Open Access Journal |
| issn | 1982-7636 |
| language | English |
| last_indexed | 2024-12-19T23:48:29Z |
| publishDate | 2021-08-01 |
| publisher | Universidade do Estado do Rio de Janeiro |
| record_format | Article |
| series | Revista Eletrônica de Direito Processual |
| spelling | doaj.art-5076f88b046a416e9b38e48386659b782022-12-21T20:01:14ZengUniversidade do Estado do Rio de JaneiroRevista Eletrônica de Direito Processual1982-76362021-08-01222323347https://doi.org/10.12957/redp.2021.48065(DIS)SIMILARITIES BETWEEN THE FIGURE OF THE PRECEDENT IN THE COMMON LAW LEGAL TRADITION AND IN BRAZILIAN LAWFlávio Quinaud Pedron0Lucas Borges Santos1José Emílio Medauar Ommati2UniFG, PUC-Minas, IBMECPontifícia Universidade Católica de Minas GeraisPUC Minas, Universidade de ItaúnaThe main objective of this work is the establishment of a historicalconceptual distinction between the figure of precedent in the common law legal tradition, the environment in which it was conceived, and in Brazilian law, which was influenced by the legal tradition of civil law. The institute's analysis in the context of the common law runs through its historical contextualization, primarily through the theories developed by Frederick Schauer, Cass Sunstein and Ronald Dworkin. In Brazilian law, we seek to understand the normative rule of the standard over time, especially in the area of civil procedural law. To do so, the research is developed from a legal-theoretical methodology, using bibliographical analyzes for the theoretical construction of the theme, with the scope of substantiating, in a substantial way, the specificities of the normative development conferred to the institute of the precedent in their legal traditions.https://www.e-publicacoes.uerj.br/index.php/redp/article/view/48065/37809constitutional statedue processprecedentsfundamental rights |
| spellingShingle | Flávio Quinaud Pedron Lucas Borges Santos José Emílio Medauar Ommati (DIS)SIMILARITIES BETWEEN THE FIGURE OF THE PRECEDENT IN THE COMMON LAW LEGAL TRADITION AND IN BRAZILIAN LAW Revista Eletrônica de Direito Processual constitutional state due process precedents fundamental rights |
| title | (DIS)SIMILARITIES BETWEEN THE FIGURE OF THE PRECEDENT IN THE COMMON LAW LEGAL TRADITION AND IN BRAZILIAN LAW |
| title_full | (DIS)SIMILARITIES BETWEEN THE FIGURE OF THE PRECEDENT IN THE COMMON LAW LEGAL TRADITION AND IN BRAZILIAN LAW |
| title_fullStr | (DIS)SIMILARITIES BETWEEN THE FIGURE OF THE PRECEDENT IN THE COMMON LAW LEGAL TRADITION AND IN BRAZILIAN LAW |
| title_full_unstemmed | (DIS)SIMILARITIES BETWEEN THE FIGURE OF THE PRECEDENT IN THE COMMON LAW LEGAL TRADITION AND IN BRAZILIAN LAW |
| title_short | (DIS)SIMILARITIES BETWEEN THE FIGURE OF THE PRECEDENT IN THE COMMON LAW LEGAL TRADITION AND IN BRAZILIAN LAW |
| title_sort | dis similarities between the figure of the precedent in the common law legal tradition and in brazilian law |
| topic | constitutional state due process precedents fundamental rights |
| url | https://www.e-publicacoes.uerj.br/index.php/redp/article/view/48065/37809 |
| work_keys_str_mv | AT flavioquinaudpedron dissimilaritiesbetweenthefigureoftheprecedentinthecommonlawlegaltraditionandinbrazilianlaw AT lucasborgessantos dissimilaritiesbetweenthefigureoftheprecedentinthecommonlawlegaltraditionandinbrazilianlaw AT joseemiliomedauarommati dissimilaritiesbetweenthefigureoftheprecedentinthecommonlawlegaltraditionandinbrazilianlaw |