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Binding precedents

By Fernanda Bratz

Binding precedents

By Fernanda Bratz

0 - Default Title
Description
This paper deals with the impact of the inclusion of binding precedents in the Brazilian legal system. The methodology used consists of a literature review and analysis of the wording of some binding precedents. First, it discusses the constant influence of the common law legal system in Brazil. It then explains the similarities and, above all, the differences between judicial precedents and binding precedents. After that, it analyses Constitutional Amendment No. 45, which included binding precedents in Brazilian constitutionalism, the historical context in which it occurred, and its main objectives. It then addresses how the ministers of the Federal Supreme Court are drafting the statements of binding precedents, contrary to the provisions of the Federal Constitution, acting constantly in an activist manner. Next, it addresses which requirements in Article 103-A of the Constitution are being violated, through an analysis of binding precedent statements that have already been issued.
Product details
Binding:
Paperback
Number of Pages:
56
Release Date:
2025-10-27
Publication Date:
2025-10-27
Publisher:
Our Knowledge Publishing
Languages:
Original: English
ISBN10:
6209146252
ISBN13:
9786209146251
GPSR Manufacturer Reference:
[email protected]
Weight:
102 g
Height:
150 cm
Width:
220 cm
Thickness:
4 cm
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