THEORY OF PRECEDENTS AND ITS INCOMPATIBILITY WITH THE DELIBERATIVE SYSTEM OF THE HIGHER COURTS
This article is the result of a discussion that has been taking account of judiciary, because how is it possible for each court to give a different judgment on identical matters? The answer is given to the fact that in Brazil is not intended to analyze the methods of the precedents, which are so wel...
| Main Authors: | , |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
Universidade Federal de Santa Maria
2017-12-01
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| Series: | Revista Eletrônica do Curso de Direito da UFSM |
| Subjects: | |
| Online Access: | https://periodicos.ufsm.br/revistadireito/article/view/26773 |
| _version_ | 1818414805824831488 |
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| author | Gilberto Andreassa Junior Claudia Maria Barbosa |
| author_facet | Gilberto Andreassa Junior Claudia Maria Barbosa |
| author_sort | Gilberto Andreassa Junior |
| collection | DOAJ |
| description | This article is the result of a discussion that has been taking account of judiciary, because how is it possible for each court to give a different judgment on identical matters? The answer is given to the fact that in Brazil is not intended to analyze the methods of the precedents, which are so well used in the common law system. What it proposes, in fact, is to demonstrate that the current legislative reforms are insufficient to generate a secure and coherent Judicial Power. It also seeks to demonstrate the impossibility of applying the theory of precedents in the current deliberative system of higher courts. The method used is based in bibliographic review, case studies and jurisprudence. |
| first_indexed | 2024-12-14T11:24:56Z |
| format | Article |
| id | doaj.art-625245c127a54152b286bc8960d6cedb |
| institution | Directory Open Access Journal |
| issn | 1981-3694 1981-3694 |
| language | Portuguese |
| last_indexed | 2024-12-14T11:24:56Z |
| publishDate | 2017-12-01 |
| publisher | Universidade Federal de Santa Maria |
| record_format | Article |
| series | Revista Eletrônica do Curso de Direito da UFSM |
| spelling | doaj.art-625245c127a54152b286bc8960d6cedb2022-12-21T23:03:35ZporUniversidade Federal de Santa MariaRevista Eletrônica do Curso de Direito da UFSM1981-36941981-36942017-12-0112386188810.5902/198136942677314063THEORY OF PRECEDENTS AND ITS INCOMPATIBILITY WITH THE DELIBERATIVE SYSTEM OF THE HIGHER COURTSGilberto Andreassa Junior0Claudia Maria Barbosa1Pontifícia Universidade Católica do Paraná (PUC/PR)Pontifícia Universidade Católica do Paraná (PUC/PR)This article is the result of a discussion that has been taking account of judiciary, because how is it possible for each court to give a different judgment on identical matters? The answer is given to the fact that in Brazil is not intended to analyze the methods of the precedents, which are so well used in the common law system. What it proposes, in fact, is to demonstrate that the current legislative reforms are insufficient to generate a secure and coherent Judicial Power. It also seeks to demonstrate the impossibility of applying the theory of precedents in the current deliberative system of higher courts. The method used is based in bibliographic review, case studies and jurisprudence.https://periodicos.ufsm.br/revistadireito/article/view/26773civil law, common law, jurisprudência, precedentes, sistemas |
| spellingShingle | Gilberto Andreassa Junior Claudia Maria Barbosa THEORY OF PRECEDENTS AND ITS INCOMPATIBILITY WITH THE DELIBERATIVE SYSTEM OF THE HIGHER COURTS Revista Eletrônica do Curso de Direito da UFSM civil law, common law, jurisprudência, precedentes, sistemas |
| title | THEORY OF PRECEDENTS AND ITS INCOMPATIBILITY WITH THE DELIBERATIVE SYSTEM OF THE HIGHER COURTS |
| title_full | THEORY OF PRECEDENTS AND ITS INCOMPATIBILITY WITH THE DELIBERATIVE SYSTEM OF THE HIGHER COURTS |
| title_fullStr | THEORY OF PRECEDENTS AND ITS INCOMPATIBILITY WITH THE DELIBERATIVE SYSTEM OF THE HIGHER COURTS |
| title_full_unstemmed | THEORY OF PRECEDENTS AND ITS INCOMPATIBILITY WITH THE DELIBERATIVE SYSTEM OF THE HIGHER COURTS |
| title_short | THEORY OF PRECEDENTS AND ITS INCOMPATIBILITY WITH THE DELIBERATIVE SYSTEM OF THE HIGHER COURTS |
| title_sort | theory of precedents and its incompatibility with the deliberative system of the higher courts |
| topic | civil law, common law, jurisprudência, precedentes, sistemas |
| url | https://periodicos.ufsm.br/revistadireito/article/view/26773 |
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