Judicial precedents: the role of jurisprudentialization of law
This is a critical review of the work “The dialectic of legal systems in Brazilian law with the acceptance of the culture of precedents: perception, illusion and result”, by Ana Paula Soares da Costa Sosi, Lawyer and Master in the Stricto Sensu Postgraduate Program in Law at FUMEC University. The st...
| Autores: | , |
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2024 |
| País: | Brasil |
| Institución: | Universidade Nove de Julho (UNINOVE) |
| Repositorio: | Revista Prisma Jurídico |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs.periodicos.uninove.br:article/27223 |
| Acceso en línea: | https://periodicos.uninove.br/prisma/article/view/27223 |
| Access Level: | acceso abierto |
| Palabra clave: | microsystem of repetitive litigation precedents jurisprudence higher courts microsistema de litigiosidade repetitiva precedentes jurisprudência tribunais superiores |
| Sumario: | This is a critical review of the work “The dialectic of legal systems in Brazilian law with the acceptance of the culture of precedents: perception, illusion and result”, by Ana Paula Soares da Costa Sosi, Lawyer and Master in the Stricto Sensu Postgraduate Program in Law at FUMEC University. The study aims to understand how courts at different times throughout history have established the use of their role in the exercise of interpreting the law, and especially in the effort to understand this exercise, for which the author asks and seeks an answer: what is the hermeneutic method that would occupy a central position in the interpretation of laws and norms (if there is one)? Based on this review, Ana Paula Sosi’s contribution to understanding the culture of precedents in Brazilian law is presented. In the end, it is noted that, for the author, “the Brazilian legal system has not transformed into another system with a different tradition, nor is it on the way to doing so, as they strangely try to make us believe”. |
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