Binding precedents
Joema Bernardo Tonelotto
Broschiertes Buch

Binding precedents

In the light of the 2015 Code of Civil Procedure

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This manuscript takes a look at the binding precedents brought in by the 2015 Code of Civil Procedure, demonstrating the origin of the civil law and common law legal systems, their differences and similarities, and finally pointing out which of these legal systems the Brazilian procedural system is rooted in. The Brazilian legal system tried to establish a system of procedural precedents through the 2015 Code of Civil Procedure, but as the study showed, a system of procedural precedents is not established through laws, as the Brazilian legislator wanted to do.